THE FRANK CASE
Inside Story of Georgia's Greatest
Murder Mystery
Complete History of The Sensational Crime
Trial, Portrait w of Principals
PKICJK 25c
PubJIlNtaed By
THE ATLANTA II IIMSHIN
ATLANTA, <JA.
Visit: wwwX<
THE FRANK CASE
Inside Story of Georgia's Greatest
Murder Mystery.
I'*l»tl*h*d By
m ATLANTA n'HUHHIN(, t
ATLANTA, OA.
Visit: www. Leo
Copyright 1*13.
THJ3 ATLANTA PUBLISHING CO-
.LeoFrank.org
TABLE OP CONTENTS,
PREFACE.
CHRONOLOGY,
Chapter 1 — Grim** Discovered.
Chapter 2 — Police Reach Scene.
Chapter 8 Prank Views Body,
pter 4— M oi her Hears of Murder,
&~Crime Stirs Atlanta.
<ler G — Leo Frank Is Arres
Chapter 7— The Inquest Starts.
Chapter 8— Frank's Stun.
pter i> — Dictograph Incident.
Chapter 10 — Conley Enters
chapter II — > "Coulee Fii School/'
Chapter 12 — Racial Prejudice Charge.
Chapter 13 — Plants Charged to Frank.
Chapter 14— HouHrs Greatest Legal Battle.
Chapter 15— The States Chain.
Chapter 16 — "Perversion" Charged.
Chapter 17— Salacious Stories Admitted
Chapter 18— Prank \s Alibi.
Chapter 19— Attorneys Threatened.
Chapter 20— Prank's Own Story.
Chapter 21— Lawyers Laud and Denounce Frank,
Chapter 22— Fear of Lynching Precedes Verdiet.
Visit: www.LeoFrank.org
j
PREFACE.
The sensational ease of L*-o M. Frank ia undiaputcdly At-
lanta's and the south *s greatest murder mystery of modern
years.
The story of how little Mary Pbagan w*8 foully murdered
as she went to get her pay at the Nutionai Pencil factory,
revolting and horrible as it is in its details, naturally interests
iver> working: man and t-wvy working woman.
The nr rime I'ompels the im me,
who hears about it
M The Mary Phagan murder mystery/' however, lost its iden-
tity when Leo M. Fran rintendent of the b
where the humble little en>
and it became the Frank ea
In no other murder ease in ihe south ha been »ueh
use interest. It has become ttiare than the ordinary mnrder
than tlu* story nf a man of position ehai
with alaying in lustful passion a little factory gifcL The rea*
innauaJ importance of fchi - that, it is charg
that Frank is being persecuted because he is
rfu] crime; of the princip lopmfeoti
four months that followed it, and finally the si
the greai trial, when* for a solid month the two grt rim-
iual > in the south battled against the keen wits of
Atlanta \ solicitor general to aarc Prank, )ms been told by
pres
Many of fehe interesting
however, ha rpera
in thri
work ends with (■
riorcoii alton (Atlanta] did nol end
. for immediate] the young defendant was gentem
to pay iJ j penalty, a motion for a new trial was made,
and it will be mont he hangs, if he
From the day of his I'.nuvietion. however, the
flghl for Frank's ! a technical legal battle The
ry^ends with Itoe t ri:* ! and every essential feature
riven h« THE AUTHOR
Visit: www.LeoFrank.org
Chronology of the Crime,
April 2 Phage ad in base-
ment o; uta) TVti in. by Newt Lee,
negro night hold L
April : Buperin Pe»ci] :'■
. called from bed to vie?
April 27— Aril.ur UQiliaa
April oamd to
floor lead p I was killed the
April mer Dotteboo empanels jury for inqt>'
I adjouri
April 28 .1 M. ®&n& Ecftnu i bookl t the faeto
arrested at Marietta.
April 2 oils hired by Pe Bud sin; ■
April .
La u ford am i^e will be held until after the inque
April 29 — Kxr e Newt Lee wrote notes Poxmd b,v
dfad girl's ;
April 29 Luther Z* Rosaer announces he aed
by Frank and is present ui hief
Lanfonl
April E pftrently ;t blood Klahi u
elevator leads police to b< pi's body was dragged to
the I shall and dropped to thi
April aiid !-• • i' hi office of
■n hour.
April SO — Coroner's jury reconvene Lee tells his story.
M;i\ 1 — Ja ed wrhile wash-
ing shirt i red uninipo
May 1— Satisfied willi alibis, police Hbrr M and Mul-
Unas,
May 1 Frank and I. Id until
Otitic
M tin-
itiona on me
On the stand for three and om» dial -<! might-
Com ^ry.
May t>— PanI B in Jlou
May 7 — Boweti d upon proving alibi.
M : ry bj ■
M liicv
his incarceration
Visit: www.LeoFrank.org
May 17— Colonel Thomas B. Felder announces that Bums de-
tective is at work on the mystery,
May 21 — P. A. Flak, New York finger print expert, makes
ngation. Result unknown.
May 24 — Conley unexpectedly makes startling confession in
which be says he wrote notes found near body at instigation
of Frank.
May 24 — Frank indicted by grand jury for murder; Lee held
as material whn
, iV 26— Bvtrna officials announce their investigation ter-
mini-
May 27— t 'unU-y makes another sensational affidavit in
which he says he helped Frank carry Mary Phagan's body to
basement
;v 30— Oonli neil factory and re-enacts hi
pantomime carrying of body to basement Taken to tower,
J\: M inula McKnight makes sensational affidavit in
which al -she overheard Mrs Frank tell of strange eon-
ilnet on Frank's part on the night of the murder.
June 7 — Mrs. Frank scored Solicitor Porsey. declaring that
the room in which Minola McKnight made her incriminating
affidavit was a "torture chamber."
June 8 -Attorney Bosser b Chief Lanford of insul-
ar eh for sla:>
June 23~iSolieitor Dorney sets trial for June 30.
June 24 — Date of trial changed to July 2£ at conference
between Superior Court Judge Roan and defense and prose*
ention attorney
July 9— Public is told of a portion of Mary Phagan's pay
envelope being found at bottom of flight of stairs leading
from ofi? Inkerton detectivea soon after the mur
July 18— Call issued for grand jury to meet and consider in-
dictment e; principal,
July 21 — Grand jury, after hearing statement of Solici
Dorsey, agrees to suspend action in Conley matter.
July 22— The discovery of a bloody stick near where Con-
ley sat on day of murder is announced.
July 28— Trial of Frank commences,
August 25 — C 58 to jury aud verdict of guilty is re-
turned.
August 26— Frank sentenced to death on October 10th and
attorneys move for new trial.
Visit: www.LeoFrank.org
CHAPTER L
Crime Discovered
Newt Lee, nightwatehmau, yawned and stretched his leg*.
Far off in the silent city a clock boomed once. The negro
listened intently. It was half-past two o'clock of a Sabbath
morning, April 27th, H>13j and he must make his rounds.
It was chilly there on the second floor of the National
Pencil factory, and Newt passed the palms of his black hands
across the dusty glass surface of his lantern to warm them.
The shadows in the corners danced and crept closer. Before
him the lantern light revealed the face of the big time clock
Which it was his duty to punch every thirty minutes.
In a little while Newt would have made the rounds of the
deserted factory building, could punch the clock, would ait
down again for another rt
And he was tired, too, he thought He needed rest.
"Tatter/ 1 lye muttered to himself, some tiahed."
As Newt started down the stairs to the first floor, the dark-
ness swallowed up behind him and only a narrow path of
light showed the flight of steps down which he must clam-
ber. Another man at the same place and hour would have
felt cold shivers wriggle up his apine, but not Newt,
Night after night for many months he had been that same
round, had seen those same shadows flicker ou the bare walls,
watched the lantern make the same ghostly tracings on the
steps.
But tonight he was tired, despite the fact that Mr. Frank,
the superintendent of the factory, had given him nearly the
whole afternoon off. He talked to himself as he reached the
foot of the steps aud began to throw his lantern light back
and forth on the empty first floor. Many lonely nights spent
as this one, had taught Newt the value of silent communion
and much sleep.
"Hiah Ah comes down at three 'clock 'cause Mister Frank
says it 'us holliday an* he wanted ter git off early," he mut-
tered thickly. **An' fust thing he says is fer me ter git and
have er good time, not ter come back till six. Dat's a swell
time Ah had, ain't it! Trampsin' 'round town when Ali'd
lots rather been a-sleepin 1 at home. Wondah what *ua de
Visit: www.LeoFrank.org
matter wid 11 is auk today. auyhuwY Teared to b«-
moughty nervous det\ rubbin * his ban's and eotoiii' bustin'
out de doab when Ah hollered to 1m. An' mekkin' ine go
upstairs wid Mi git hla - cat like lie w
skeered dat Gantt man inl steal HOtuethin', Huh, white folks
don' steal ao thing'. ayhow/'
By this time Newt had made his examination of the firs*
floor. All Si s usual. Uloomv. of GGUfSfc, with none of
the hmy workers that were there in the day time, none of the
men feverishly packing pontile the scores of Unit-
ary girls bent over thy machines. XI sre the ma-
chines, gleaming them still, for stalk
and the common a night-watchman.
One m< more floor.
1 1 1 e min-
ister.
H» the traj -hole. A dim light
shot up. The gas~jj burning aa usual, but it was turned
down mighty low, th Orders are orders,
thought Newt, and Mr. Frank's orders v\ ys have
that light burning brightly. Well, he would
(eiiing gingerly
and, his lantern swaying, its light spearing the dim-
■ light of the baa -. it h faint gleams really enhancing
the silencf and the L'loom.
His feet touched the botl He was on the base*
nient floor. T Uow
But stay, over there
by the boiler, on that pil
awl advanea pa forwi opped. Steady
l ;i little pile 3 and s<
thin something thai Newt had Efis
rt thumped M ained
to a -:Mid. bnl iVoie epiug ehy with-
out all wrh silent as a tomb, nothing stirring but the quirk
hard thump, thump, I around
him, gripping him. and Eoi in his life the m
was ar. He tried to throw
it off. He swallov in ins throat and trieS ! "
laugh,
"Sho," muttered alomL * * I >» in factory boyi tryin
to year- Dee o lir bollidj , dal "s all/ 1
Hi : harsh and grating in the stilke
Visit: www.LeoFrank.org
"Des a little jok- i fearfully, and then his
voice trailed off into silence.
One more step forward, one more flicker of the lantern*
and Newt Lee Stumbled bat'k. lie had seen something that
caught his blood liko an icy dam. and with one hound he
was sobbing his \v\iy U)> the ladder, That thing by the boiler
was no joke, no hollidny prank Jokes were not smeared
with blood, jokes did not have hair, nor staring eyes, nor
tViers braised and scart
The Victim
MISS MARY PHAGAN
Visit: www.LeoFrank.org
CHAPTER II.
Police Beach Scene.
The same clock that boomed the hour that sent Newt Lee
off on his rounds of the factory building, boomed freedom from
the night's work for three men at the Atlanta police station*
It had been an easy night for police reporters, but easy
nights are weary nights and the welcome hour meant that the
big presses up in the office were grinding out pages of printed
matter for the citizens of the eity to while away the Sunday
hours between breakfast and time to go to church.
"Good-night, chief/* they shouted, as they elattered down
the stone steps of the station-house.
"Good-night, boys/*
The two of them turned np Decatur street, foggy with the
night mist, free from the throngs of merry, laughing colored
people that had crowded them a few hours earlier. Only the
lingering smell of fried fish and the reek of "hot-dogs 1 * re-
mained of the jostling mass of humanity that had filled the
street from curb to curb such a little while ago.
'Where's BritH*' said one.
"Out in Boots Rogers' automobile, I guess, 1 * said the other,
and the two laughed.
So the third reporter was left in the automobile, while
inside the station-house the officers lolled back in their chairs
to drone away the remaining hours till the first light of
morning.
Already over the smoky sky-line to the east a thin smudge
of light was appearing. The arc lights in the street burned
blue and the hands on the station^cloek were crawling toward
the hour of three.
Somewhere off in the cells to the rear of the station the
gulping sobs of a negress reached the officers. Brought in
earlier in the evening on the charge of disorderly conduct,
she had continued to moan and yell throughout the night
until exhaustion brought only those racking sobs.
"Sergeant/ growled a thick-set man near the door, whose
chevrons proclaimed him a head of a department. "Make
that womaji shnt up, will yout' 1
10
Visit: www.LeoFrank.org
The sergeant aighed and clumped off toward the rear,
swinging his keys. Boots Rogers, deputy, opened his mouth
to begin the 'Bteenth exposition of the Grace ease when the
telephone bell jangled.
"Well/ 1 said Officer W, T. Anderson, H Wonder who's
ringin' up this hour o* the night.' 1
He rose wearily, strode to the door of the telephone booth
and swung it open. His brother officers looked up for a mo-
ment with passing interest and sank back in their seats.
"Hello, hello," came from the booth . "Yes, this is the police
station. What? — You'll have to speak slower, old man. I
don't get you."
Then he got the message, the message from that negro, many
blocks away, crouching fearful in the gloom of the pencil
factory, telling in a shaky voice of a dead girl found in the
basement of the National Pencil factory on Forsyth street.
, As Offict-r Anderson crashed out of the 'phone booth with
his news, the sleepy officers leaped to their feet, wide awake
in a minute, to the emergency.
"My machine's in front," yelled Rogers. "Let's goI M
In a flash he was out on the sidewalk, Anderson on his heels.
Together they sprang into the car, woke the sleeping reporter,
and the three of them were up the silent street with a spu
and roar, leaving the other officers gaping after a trail of
dost and a winking red light.
As the machine neared the corner of Pryor and Decatur
streets, two men were seen standing on the corner. They
were Officers Dobbs and Brown. The automobile slowed down.
41 Jump in!" yelled Rogers, and with hardly a perceptible
pause, the big ear rocked on up Marietta street, stewed into
Forsyth and Stopped, panting, at the black pile that t
knew was the National Pencil company.
The four men alighted. Each was breathing hard with ex*
citement, as Officer Anderson pounded on the door with his
olenehed fists.
A muffled tread sounded from within, the lateh grated
harshly, and the frightened face of Newt Lee peered out at
them. The whites of his even were rolling and his teeth chat-
tered. The picture of fear, each officer thought to himself.
Before he could speak, * 'Where a the body!' 1 they shot at
him; and had entered the gloomy portal of the factory.
11
Visit: www.LeoFrank.org
With Lee hi advance and Anderson right behind with his
hand clenched over a revolver, the men advanced single file
to the seut'tle-holc. Backed by "white folks/' Newt Lee led
them down the ladder into the darkness and pointed fearfully
to the thing in the corner.
"Dat's it/' he whisper
The officers bent aud Looked upon the fearfully mutilated
body of a girl. Site lay inert in the sav pard
the front, her feet diagonally across toward the right rear
qorher. Thy £acg 3 bruised and cut, blink with grime, was
turned toward the wall. The body wan face downward, and
a.s the men stooped L'or a further examination, Ihe extent of
the injuries was revealed to them. They could see her hair
in shreds, the unmistakable hair ni Q white person, stained
dark with blood that bad oozed from 8 wicked blow ou tin-
back of the head: the blue ribbon that had been lied on so
blithely but a few hours before, how willed and dirty; the
silk lavender dress smeared with blood; one small White
slipper still slinging to the right foot; around the neek a
strand of heavy cord that had c into the Bash; around
her head a clumsily-contrived gag, formed of cloth torn from
her dress. They turned the body over. The underskirt was
ripped to shreds, one stoeking supporter was broken,
white stocking itself sagged down almost to the knee.
Sedgeant Brown threw his head baek and gasped. "My
God, it's only a child!' 1
While they stood there Sergeant Dobbs had been making
a minute investigation of the cellar floor; a few IV
he found the other slipper of the girl; ne ghaft of the
elevator was her ffitnsy little hat. Then he no dm
eovery.
Turning toward the lantern light he held up to view two
soiled pieces of yellow paper. whieh some one had
serawled rude letters. With hated breath, the officers read the
notes. This was one J
44 He said be wood low an- laid d»>wn like the night
witch did it, but that, long tall black n- I it
by hiseelf."
The other rear! ■
l<Mal!! negro hired down here did this I
went to get water and he pushed (me down this hole a
long tall negro black that has it woke lofcg lean tall
negro I write while play with m-
12
Visit: www.LeoFrank.org
What thing waa this? What did they tneanV Had the
man who wrote these notes done this hellish deed? The quick
flash of suspicion, already born in the brain of every white
man present, turned toward the black man Lee. It was An-
derson who swung suddenly toward the watchman and flung
11 rough hand on his shoulder.
"Nigger, you done this/* he said hoarsely.
"Fore God, Ah didn't, white folks."
A moment later and Anderson had slipped the hand-cuffs on
ilia wrists, and Newt Lee was under arrest for murder.
IS
Visit: www.LeoFrank.org
CHAPTER IIL
Frank Views Body,
By 5 o'clock of a still Sabbath morning the drag-net of
the law was spread for the slayer of a little factory girl.
Immediately following the arrest of Newt. Lee, be was
taken to the station-house and efforts were made to identify
the dead child. Deputy Rogers told the officers while all
were still at the pencil factory that he knew a girl that worked
there who could probably look at the murdered child and tell
who she was.
She was hiK sister-in-law, he said, Grace Ilix, who lived
at 100 McDonough road. Rogers decided to go after her in
his machine.
Shortly before daylight he returned with Miss Ilix, and
went with her to the morgue of P. J. Blootufield, where the
body had been taken. There Grace Uix looked at the lac
ated body.
"It's the little girl that worked at the machine next to
me," she cried. "It's Mary- Phagfln." With the words she
fainted.
In the meantime other officers of the police and detective
departments had been busy at the scene of the crime. About
5:30 o'clock Detective Starnes called up Frank, the superin-
tendent, at his home, 68 East Georgia Avenue, told him that
something had happened at the factory, and that he would
send for him in an automobile.
So shortly after day-night Rogers went to the Prank home
in his ear with Detective John Black, The door was opened
to them by Mrs. Frank ,and immediately afterward her hus-
band came out.
According to the story of Black and Rogers, Frank asked
them if anything had happened at the pencil factory, but
they told him to get his coat and eome with them. Black said
later that Frank was dressed, all except his collar and tie,
and that he appeared to be extremely nervous, constantly
rubbing his hands.
The three of them got into Rogers' car and rushed off to-
ward town. On the way Black askod Frank if he knew n
14
Visit: www.LeoFrank.org
girl named Mary Phagan, and the superintendent is said
/ to have told him that he would look on the factory pay-roll
and see. It was at this time that Black told Frank of the
murder.
On the way to the factory the three stopped at the tinder-
taker *s and looked on the body of Mary Phagan, It is said
that Frank was asked if he knew her and replied that he
thought so and that he would find oait for certain at the
factory.
Leaving the undertaker's, the trio approached the factory
at sun-rise. Already the news of the murder had spread over
the town and a small group of men stood outside the factory
door. Among them was N. V. Barley, general foreman of the
factory, whom Frank had requested his wife to ufttify before
he left home. Frank hailed the foreman and he entered with
the superintendent and the officers.
Straight up the stairs to Frank's office the men went. The
superintendent opened the safe, took out a blank book, ran
his finger down a column of names and stopped at one.
*'Mary Phagan" stared up from the page.
44 Yes/* said Frank, aceording to Rogers' story, "She was
here yesterday to get her pay. If 1 make no mistake, my
stenographer left at 12 o'clock, the office boy went a few
moments later, and then she came in and got her pay. It was
12:15/'
Stepping quickly away from the book* Frank rubbed his
hands and asked if any traces of the pay envelope had been
found around the factory. There had been none.
The next request of the superintendent was to see the place
where the girl's body had been found. Officers, superintend-
ent, and foreman boarded the elevator leading to the basement.
First, it is said, Frank went up to a switch -box by the eleva-
tor, told the officers that he was accustomed to keeping it
locked, then unlocked it, turned on the machinery, and the
elevator started on its downward trip.
In his nervousness, Frank did not see that the elevator rope
was caught, and Parley reached over and helped him release
it, After viewing the basement room where the body was
found, the party returned upstairs,
"Newt Lee has worked for us a short time/' Frank is
* quoted as saying: "But Barley's known him a long time. If
anybody ean get anything out of him, it's Barley
IS
Visit: www.LeoFrank.org
On the return to the iirst flour, some one suggested that
they all go down to the station-house, with which Frank
tamed to Barley and is said to have told him:
M I guess I VI better pat a new slip on the clock."
What followed is best told by Boots Rogers. By his
timony given later. Frank talked but little of the murder but
said; "That's too bad." as he looked at the spot where little
Mary Phagari was found dead. When Frank spoke to Darley
about a now slip on the clock, said Rogers, the foreman agreed
with him*
tigers said; Frank took his keys out of his pocket, un-
locked the door of the lock on the right, and took out tju-
time slip. He examined the slip and then said it was punched
all right
M Lee was handcuffed and was standing near. Darby also
was there. After seeing that the time slip wan punched
all right, Frank laid it down ou the table and went into his
office, coming out with a blank slip. While he was in the
office getting the new slip, several of us examined the one
taken from the clock. When Frank put in the new slip, he
asked some of us to help him, and I held a lever, Frank
fonnd a pencil in one of the punch holes, and asked Lee
why it was there. The negro said he put the pencil there
he would punch the right hole and make no mistake.
41 Frank unlocked the (dock and on the margin of the slip
he wrote in pencil ' April 26. 1018.' Then he folded the slip
and carried it back into the inner office. When 1 examined
the slip, 1 noticed just the first two punch eially. One
was punched at B:0l o'clock and the second at 6:32 or 6:
M 1I& didn't notie*- nny skips on the slip.
"He. thought if there had been any omissions he would
have seen them/'
From the factory Frank and the officers went to the poLi'.*<
station, still in Rogers* machine, which, verily, had seen hard
service that Sunday morning. Darley and Rogers sat on the
front seat, Lee and Detect k in the rear. Frank was
sitting on Darley 's knee. He trembled violently, Baid Darley.
At the police station, Frank is said to have leaped onit of
the automobile in a nervous jump, walking rapidly into the
chief of detectives office, and talking in a quick, constrained
manner. During the conversation in the detectives' office,
Frank told them of the visit to the factory Saturday morning
of one J. M, Gantt, a young man who was discharged from
16
Visit: www.LeoFrank.org
Hits factory a short time before and who came back thai after-
noon for a pair of shoes he had left there. Frank told the
detectives that Gantt know Mary Phagan well.
On the strength of this statement, the detective force started
looking for Gantt.
With Newt Lee held in the station on the charge of sas*
pieion, Frank at his home, and detectives on the lookout for
several suspects, the first day of the famous Mary Phagan
ease came to a close.
All during that still Sabbath crowds had passed constantly
hack and forth along Forsyth street, content merely to stand
and gaze at the building where black murder had been done,
although a ceaseless watch was maintained by officers on all
who entered or left the factory, and the general public was
entirely excluded from its interior.
And in the mt'autime there was sorrow in a little home in
Bcilwood. which Mary Phagan had left alive and happy on
Saturda
17
Visit: www.LeoFrank.org
CfiAPTEB IV,
Mother Hears of Murder.
The story of Mary's actions on that last Saturday she was
alive is told nn follows by various witnesses:
Memorial day dawned cloudy and dim. It was a holid
the first that the tittle fae& who worked m hard from
morning until night had had in many weeks.
She planned to #o to town right after dinner, get her $1.20
pay at the factory, and spend the rent of the day watching
the Confederate Veterans parade down Pe
Short 1 noon, she hurriedly ate her simple dinner of
cabbages and biscuit and left the home which she was ne
iued to see again, She boarded a street car for the city
about noon.
On the car was tow-headed, freckle-faced, George Epps, the
newsboy that lived near Mary, the little follow whom she had
always liked. They sat together on the car and before they
parted Mary had promised to meet her little friend at 1
o'clock and with him watch the boys in gray march.
At Marietta and Forsyth st vat little over a block
from the factory Mary alighted from the car, according to
George Epps, and walked down Forsyth street saying that
she was going to the factory. This car was due to arrive
at the corner of Broad and Marietta streets, one block from
where vshe left it, at 12:07 o'clock,
Late that evening George Eppb ran over to the Phagan
home, to find out why Mary had not met him as she promised.
He found her mother feverishly worried because Mary had
not been home at all J. W. Oolemam Mary's step-father, went
to town at the solicitation of Mrs. Coleman to see if he could
find Mary anywhere.
"She might have gone to the Bijou theatre with some of
her girl friends/' Mrs. Coleman told her husband. "Wait
down there until it gets out and see if you can't find her.'*
Mr. Coleman went to the Bijou, waited until the show was
over, watched the streams of faces pass him by, but never
saw the face of the little girl he sought.
IB
Visit: www.LeoFrank.org
He returned to the home, 146 Lindsay street, and consoled
the grieving mother with the thought that Mary might have
gone to Marietta to visit her grand-mother. She was always
starting to do that, Mr. Coleman told her, and prohably she
just decided to go after she drew her pay Saturday.
The mother's heart was aching, but she managed to quiet
all outward fears. Yet all through the long night she was
wondering where her little girl was.
Early on Sunday morning, April 27th, there came a knock
on the door of the Phagan home. The mother's heart told her
it was news of Mary and she flew to the threshold.
A white-faced girl stood at the door, her cyea deep with sor-
row, her lips hardly able to utter the awful words she came
to tell. She was Helen Ferguson, a .neighbor.
"Mary is — " she began.
The mother's heart read the rest.
Sot dead?" she eried, strickeu to the depths.
"Yes, dead, dead," the girl sobbed, breaking into a storm
of weeping. . . ,
Other members of the family came rnmmng to the door.
The mother swooned and was supported to a couch within
the home. There she lay for days afterwards, unable to speak
save to ask pitconsly for her little daughter.
The news once broken to the Phagan family, Mr. Coleman
hastened to town to see the body of the little girl who had
become even more than a daughter to him. At Bloomfleld a,
the undertaker's, Will Ghesaliug, an assistant, showed him the
body, and the old man positively identified it.
He was but one of many who looked on the body that day
and the day following. :
Morbid curiosity, the same that influenced hundreds to
gaze at the blank walls of the pencil factory and later to stand
for hours outside the court-room where the trial took place,
led thousands Of people to steal one glance at the corpse of
a girl murdered so cruelly ami so mysteriously.
The tawceat crowds loolu-i on the body of Mary Phagan
that have ever seen a dead bouy in the history of the city of
\tlanta It is estimated that 20,000 saw the remains while
they were at the undertaking establishment, while many hun-
dreds viewed them at the funeral at Marietta.
The funeral took place Tuesday afternoon. Before that,
however physicians made an examination of parts of Mary
Phagan 's hotly, although the result of their probe was kept
a profound secret, until the trial
19
Visit: www.LeoFrank.org
On Tuesday afternoon, April 29th, the body of the little
girl was laid to rest in the old family cemetery at Marietta*
Ga., twenty miles from Atlanta, while members of the family
and scores of Mends stood by, weeping bitterly.
On May 7th the body was exhumed at the order of the state
solicitor and a minute examination made of the stomach and
other vital organs by Dr. H. F. Harris, of the state board of
health. What he found out was known only to himself and the
solicitor until he testified on the witness stand at the trial
nearly three months later.
20
Visit: www.LeoFrank.org
CHAPTER V
Crime Stirs Atlanta,
Following the news that Mary Phagan had been murdered
in the basement of the National Pencil factory, the city Of
Atlanta was stirred as it had never before bee The
famous Grace ease had created excitement, the trial of Mrs.
t'allii* Scott Appelbaum had been of profound interest, but the
mystery surrounding the murder of Mary Phagan and
atrocity of the crime, combined to make it a sensation which
tasted not only the requisite nine days, but remained a mys-
tery for months, a mystery in which the final chapter may
never be written, a mystery which will always make the ease
rhe most famous in the criminal annals of 1 of Georgia.
The name of Man* Phagan was on the lips of all on the
Monday morning following the day of the murder, the papers
got out extra after extra, they were snapped up by thou-
sands, it seemed as it the pul lei not read enough of
the horrible crime.
The result was that the Atlanta poli artmeut was
swamped with rumors, most of them extremely sensational,
which their originators claimed would lead to the discovery
of the murderer.
While the first wave of public opinion was unanimous in
faring Newt Lee the guilty man, reports of other susp
resulted in the arrest of another man b
was ended.
fie was Arthur Mullinax, a former street ear conductor
and an alleged friend of the dead girl's. Mullinax was ar-
rested on the statement of K. L. 8 en tell, an of the
J. Kamper Grocery company, who said that he saw the
man with Man* Phagan at 12i§0 o'clock on the morning of
the murder walking along Fursyth street near the pencil
factory.
ntell, in his statement to the hat he had
known Mary Phagan for years and that he was positive she
the girl he saw on the street, and more startled than
when, on her approach, he recognized her as the little
Phagan girl He said that as the couple paused them, he
Hello, Mary/' and that she replied. "Hello, Ed."
g&
Visit: www.LeoFrank.org
Muliinax was easily apprehended by the police and late
Sunday evening was taken to the police station. Here Sen-
tell positively identified him as the man he said he saw with
Mary Phagan.
A crowd was at the police station when Muliinax was taken
into custody, and several threats were made on his life, a
typical instance of the point to which public sentiment had
become inflamed.
The suspect vehemently denied his innocence to the police,
declaring that he knew Mary Phagan only by sight and that
he had met her but once, at a Christmas entertainment The
officers decided to keep him on suspicion, and he was lodged
in a separate cell.
On Monday another suspect, J. M. Gantt, was arrested
at Marietta. Several suspicious circumstances pointed to Gantt
as knowing somewhat of the crime. He was known to have
b#en acquainted with Mary Phagan, he had been at the fac-
tory Saturday afternoon, he had formerly worked at the fac-
tory and was familiar with the building,
Gantt 's sister, Mrs. F. C. Terrell, was located by officers
at her residence, 28* East Linden street, where she said Gantt
had stayed Friday night. She gave a conflicting account of
his movements after that, Oflicers decided they were on the
right track.
Monday morning Gantt was arrested with a warrant charg-
ing him with being suspected of the murder of Mary Phagan,
just as he stepped off the ear at Marietta*
He was brought to Atlanta, and joined Lee and Muliinax
in the station-house. Gantt told a straight story, admitting
that he had been discharged from the factory several w<
before; that he went back Saturday to get some shoes he
had left there ; that in going to Marietta at that unfortunate
time he was merely following out some plans he had suggested
to his mother many days before.
On the morning following his detention, Gant sought to get
out of jail by applying for a writ of habeas corpus. But before it
could be acted on both he and Muliinax were released on May 1,
following testimony at the coroner's inquest by which each es
tablished a clear alabi. Muliinax was released largely owing
to the testimony of his fiancee, Pearl Robinson, who came for-
ward and said she was the girl seen with him by Sentell.
Gant was later subpoenaed as a witness at the trial, while
Muliinax was discovered to know so little about the ease that
22
Visit: www.LeoFrank.org
he was not even summoned as a witness.
The rumors in regard to Gant and Mullinax were bat two of
many that the police had to run down, explode, or confirm
during the days foi lowing the murder..
Tales of a girl being kidnaped in au automobile Saturday
morning and drugged; of a girl with a red dress who saiid
she knew something about the crime being seen at Marietta:
rumors and rumors of rumors had the police and detectives
wellnigh frantic.
Not the least of them resulted in the arrest of a man in
far-off Houston, Tex,, Paul Bovven, a former Atlanta boy who
knew Mary Phagan. Bowen succeeded in proving an alabi
on May 7, the day after his arrest, without having to make
the long trip back to Atlanta It is interesting to note that
owing to the warm condition of Houston polities at the time
Bowen s arrest was seized upon as an excuse for discharging
half the detective force of that city.
The police rt'fi'ivcd alleged aid on the Monday following
the murder when it was announced that the pencil factory
authorities had retained the services of local Pinkerton de-
tectives to aid in running down the murderer.
During that Mon day f April 28, there was so many rumors
afloat that real progress on I lie Phagfcn case was but little
Daring the morning the coroner's jury met with Coroner
Paul Donehoo in the metal room of the pencil factory and
was empaneled. It immediately adjourned after viewing the
body and the scene of the crime.
An interesting discovery of the day was* that of blood spots
on the floor of the metal room which led detectives to think
that the Phagan girl was killed th<n*e and not in the base-
ment, as was at first supposed; and that her body was
then dragged to the basement. This was but one of the many
theories advanced as to how and when tb*» little girl 'met
her death.
So ended Monday, April 28, with three suspects, Lee,
Cant and Mullinax, in jail, and the man who later were to
be the chief actors in the drama still at large.
The arrest of ona of them was to follow before twenty-
four hours had passed.
Visit: www.LeoFrank.org
«
CHAPTER VL
Leo Frank Is Arrested,
On the morning of Tuesday, April 29, Leo M. Frank, su-
perintendeot of th'j National Pencil factory, was taken to
the police station and held on suspicion in connection with
the murder of Mary Phagan. From that day on he never
pun ad his freedom.
Slim, boyish-looking, a frail, dedicate man, he was a dif-
ferent suspect than either the old darky, Newt Lee, the young
giant, Giant, or the ex-conductor, Arthur Mullinax.
Who he was cannot be better told than in his own words,
spoken dearly fo.nr months Later to the jury who decided
his fate. He said:
M In the year 1884, on the 17th day of April, I was born
in Parts, Tex. At the age of three months my parents took
me to Brooklyn, N. Y«, and I remained in my home until I
came south, to Atlanta, to make my home here. I attended
the public, schools of Brooklyn, and prepared for college in
Pratt Institute, Brooklyn, % Y. In the fall of 1902 T en-
I Cornell university, where I took the eourse in mechan-
ical engineering, and graduated after four years, in June.
1906.
"] then accepted a position a$ draftsman with the B. F.
Sturtevant company, of High Park. Mass. After remaining
with this firm for about. srx months, I returned once more
to ray home in Brooklyn, where 1 accepted a position as
!- and draftsman with the National Metier
•-onipany, of Brooklyn, X Y. T remained in this position
until about the middle of October, 1907, when, at the invi-
'ation of some citizens of Atlanta. T came south to confer
with them in reference to the starting and operation of a
pencil factory to be located in Atlanta
"After remaining here for about two weeks, I returned
once more to New York, where I engaged passage and went
to Europe, I remained in Europe nine months. During my
sojourn abroad I studied the pencil business, and looked
after the erection and testing of the machinery which had
been previously contracted for The first part of August,
1908 I returned on&e more to Amw^a. and immediately
24
Visit: www.LeoFrank.org
came south to Atlanta, which has remained my home aver
i^* h\ii
f "I married in Atlanta, an Atlanta girl, Miss [mcAe Setig.
Tin? major portion of my married life lias been spent at the
home of my parents-in-law, Mr. and Mrs. E. Selig, at 68 East
Georgia avenue,
Prank was taken into the custody of the police shortly
before noon Tuesday as he was at the pencil facto
An automobile which left the police station carrying Oi
Marry Seott, of the Pinkerton agency, ami I
teethe John Black, returned within ten minutes with Frank,
who was eon fined in a eel! Chief of Detectives Newport A.
Urn ford announced that he would be held pending the re
suit of the coroner's imp!
The news of the latest arrest spread like wild-fire
illation was rife an to Frank's connection with the cas
his friends came to his aid, hundreds who had never wen
him declared that he must he the guilty man,
pointed out the foltowing (condemning facte
that were known at that time: that Frank, by his own ad-
mission, was the last man known to i n Mary Phagau
alive j that he appeared nervous when Newt Lee ■ l tin-
factory early in the afternoon and that he called Newt Lee
orer the telephone during the evening something he had
never done before; that he was nervous when (*ani came to
the factory at 6 o'clock Saturday afternoon j that he wan
nervous when officers took him to the factory Sunday morn
Ulg.
Frank's friends st- 1 up of indignation over his arrest.
Th»«y at once i Luther Z. Rosser. one of Atlau
foremost atton 'tinsel. Rossi r immediately called
ioi5 and talked with his client, and was also :
mi when Frank was questioned by detective
Resides interviewing his counsel, Frmk held a lure.; ialk
wit ii Pinkerton Detective Harry Scot by the far
forv officials.
Public sentiment on that Tuesday, the day before tin- in
quest started, attained its highest point since tl vety
of tlie murder. With Four suspects held, opinion was equal-
ly divided as to who was the guilty man, although the raa
jorit; condemned either Newt Lee, the negro, the most hum
ble of the pencil Fa employee* or Leo Frank, the white
inn. Suspicion against Gant and
Muliiiias already was fast dropping away
25
Visit: www.LeoFrank.org
Th* detectives of both the city and Pinkerton forces scoured
the factory, the homes of the suspects, the whole city in
their search for clues.
At the pencil factory they found blood spots near the ele-
vator shaft on the first floor, a discovery which led to con-
firm their belief that Mary Phagan was murdered on that
floor and her body dragged to the shaft, where it was low
cred to the basement.
Another find was of a bloody shirt, which city detectives
unearthed in their minute examination of the premises around
Newt Lee'8 humble abode. The shirt was discovered in an
ash barrel back of his cabin. It was covered with* dark
stains, although it gave overy appearance of not having been
worn after the blood was smeared on it.
This discovery served to swing suspicion more than ever
against the night watchman, while Newt himself stoutly de-
clared that, he had worn the shirt then on hi& back for a
week.
On Tuesday two rewards were offered for evidence lead-
ing to the discovery of Mary Phagan 's murderer, one by the
state, of $200, and another by the city, of $1,000.
The town was in a turmoil on that night, with the official
inquest of the? eoroner scheduled to begin the next day.
26
Visit: www.LeoFrank.org
CHAPTER VIL
The Inquest Starts.
The coroner's inquest started Wedneacl&y morning, follow-
ing a Ion* interview between Frank and New! Lee, hold
Tuesday night si the police station Detectives stated that,
the two suspects were brought face to face in the hope that
Frank could wring a confession of pruilt from the Hi <?ro.
Scores of wit ine.luding giria ErOJffl the factory and
many others, arrived at. t he police station Wednesday morn-
ing \,o testify at the inquest. The inquest began at 9:10
o'clock, behind closed doors, in the room of the board of
commissi oners,
Call Officer W. ft Anderson, and Officer Brown testified
as the first witnesses. They went into full details as to how
they were notified of the murder and how they found the
body on that grewsome Saturday night.
Officer Anderson's testimony contained a vivid ami re-
volting description of how the body was mutilated and torn.
In the dim Hghl of the cellar, testified Officer Anderson, the
body could not be identified as that of a white girl's unless
the observers were at b-ast within fifteen feet of where it lay.
He was present, said the. witness, when somebody picked
up a note near the body, lie identified it as the one written
on a slip of yellow paper. Later, somebody found another
note, lie didn't identify that, About five feet from the
girl's body a pencil was found, Near it was a pad from
which the slip evidently had been torn. He described tin-
basement — a long, narrow enclosure between rock walls, with
the elevator shaft near the front, a boiler on the rij*ht about
half way baek, a partition on the left shutting in an enclosure
which seemed to be waste space, an open toilet on the right
beyond the boiler, the girl's body on the left, beyond that*
and a door at the back end. The girl's left slipper was found
near the elevator, She wore no hat that he could find. He
didn't remember distinctly how she was dressed, but belli
it was in some dark material
Officer Brown followed Anderson on the stand, and gave
testimony extremely damaging to Newt Lee. declaring, as
did Anderson, that it was impossible to tell that the body wa*
87
Visit: www.LeoFrank.org
that of u white girl unless within a very few feet of it. He
said that only until he rolled down the slocking below the
knee aud saw the flesh could he tell that the girl was white.
Tie described the fearfully dirty appearance of the body,
stating that only by befog dragged could it have accumu-
lated so much dirt and grime. He also told how they had
tried to reach Frank over the 'phone in the early morning
hours, but had not been able tn do so until several hourp
During Brown's testimony a dramatic incident occurred.
The little girl's clothes, a one-piece purple dress with white
timings, nne shoe, a black gun-metal slipper, were shown
to the jury. As they were placed in a heap on a chair, Mary
Phagan's brother rose from a seat in the corner, stared in
horror al the pathetic little pile. und ran from the room with
his hands clasped to his head.
At 11:45 o'clock Newt Lee himself took the stand. He
coming to the factory at 4 o'clock, leaving when
told to do so by Frank, coming back at 6, he told of Frank's
nervousness, o| visit to the faetory; of Frank calling
him over the 'phone to ask him if everything was "all right**
early in the evening; and of finding the body. Newt testi-
fied that, he found the body face up. although detectives and
offic that it w. down. Xewt swore, however,
thai, he did not touch the body, Tn answering the allega-
tions of the officers that, he could not te'.l it was a wl
girl, he declared ho cotdd tell by the hair which was always
different in white women from black women.
The lust witness to testify before the jury adjourned
lav morning was J. 0. Speir, of Cartersville, who
•e thai he saw a udrl and a man Saturday afternoon in
front of the pencil faetory. that they were excited and ner
vous, and that the girl was the same one he saw Sunday at
P. J. Blooraficld's ehapel. the dead Mary Phairau,
Wednesday afternoon the first witness to testify was George
Kpps. the young newsboy who came to town on the ear wiith
Mary Phagan. An interesting phase of his testimony was the
statement that Mary had told him that Mr. Frank had winked
at her and " M looked suspicion-
EL L, SenteU testified in regard to seeing Mnllinax with
a girl whom he supposed to be Mary Phagan late Satuv
ht. Another witness, n neighbor, said he had seen her
about S o'clock near her home, while a third witness, who
had told detectives that he had seen Mary Phagan that af
Visit: www.LeoFrank.org
ternooii, appeared aL the inquest to say that he was mis-
taken. Sentell was convinced by officers that he was not
sure the girl he saw was Mary Phagan.
R. P. Barrett a factory employe, testified to finding the
blood spots near Mary's machine on the second floor, show-
ing that she may have begun her fight for life there instead
of in the dark basement.
Gantt took the stand and told the same story that he hail
already told to detectives,
J, W, Coleman, stepfather of Mary Phagan, testifisd
the unxiety of himself and her mother, on the night of the
murder.
Frank B/L Berry, assistant cashier at the Fourth Natioual
baiik T was one of the important witnesses at the hearing and
he declared that in his opinion the notes found by the girl's
body were written in the same hand as several other notes t
which had been written at police headquarters fox the de
tectives by the negro watchman. Newt use,
The inquest then adjourned until Thursday.
When the inquest adjourned at 6 o'clock Wednesday af-
ternoon, the detectives had niacin one step toward solving
the mystery of little Mary Phagan's death. This was the
arrival at the conclusion that the little giri had never left
the factory after she went there shortly after noon Satur-
day to get her pay.
Assertions that Mary had been seen at Midnight with Mul-
linax, and that girls corresponding to her description had
been seen at various hours Saturday afternoon in the neigh-
borhood of the factory, one by one were probed deeply and
found to be unfounded.
E. L. Sentell admitted that it was Pearl Kobinson. and not
Mary Phagan thai he had seen with Mullinax. other witnesses
who ware supposed to have seen the tittle girl Saturday af-
ternoon came forward to declare that they might have I
mistaken. This underbrush cleared away, officers could find
a working basis at last, a substantial supposition that Mary
Phagan never came out of the pencil factory alive.
Aa a result of their concisions, Gant and Mullinax were
released from custody at the temporary adjournment of the
inquest Thursday afternoon nn inquest which was in session
for but a few minutes.
Coroner Donehoo had called 160 w hem
factory employees, and after swearing them hi at 4:30 o'clock,
29
Visit: www.LeoFrank.org
announced that the investigation of the little girl's death
would be postponed until the Monday following.
Hardly had thia news been announced, when a bigger sen*
sat ion followed. Newt Lee and Leo Prank were ordered
transferred to the Fulton county tower untit the conclusion
of the inquest
At police headqLUfltrteer it was given out that the two sus-
pects were taken to the tower because there was considerable
doubt as to the legality of detaining them on city warrants, as
both had been arrested in connection with a state and not a
city case.
The coroner's warran rhich the two men were taken
the tower were exactly alike in each the
names. Prank's read i
''Georgia, Fulton County:
; 'To the Jailer oi Said County; Greetings:
"You a iv hereby required to take into custody the
person of Leo M. Frank, s 1 of the murder of
Mary Phagan, and to retain the said Leo M. Frank
in your custody pending a further investigation of
the death of said Mary Phagan, to be held by the said
coroner of aaid county,
"lli-rein fail not.
vl (iiven under mv hand and official signature this
the first day of May, 1913.
(Signed] 1'AVL DONHHOO,
"Coroner."
With tin* two men in the tower Thursday and two Other
.'.x-susfM'fts released, their appeared to be but little doubt, that
in the person* of Frank and Newt tiee fchfl detectives he'd
the key to the mystery.
V * + : another man in the toils r>f the law, a man
whose arrest created such little excitement at the lime that a
bare paragraph was devoted to it in the newspapers, Yfet
later this man was to startle the public with the moat sensa-
tional statement that was ever told until the trial started.
He v..hs James, "Jim," Conle^ p at the pencil
factory. Conley was arrested at 2 oVloek Thursday after*
D on suspicion and was confined at police Inadqnart
together with "Snowball/' e'evatnr boy at the factory. The
latter iu-yvv figured prominently in the caac. The slight inter-
which Cunley's an igdd at the time ifl shown in
the newspaper account of it :
80
Visit: www.LeoFrank.org
ft The sixth urrest in the Phagan murder cose was made
by detectives at 1 o'clock Thursday. James Coidey, ft negro
1 sweeper* employed at the National Pencil factory, was seen
washing a shirt at u faucet in the rear of the building. Be-
fore he had completed the work detectives, who had been
phoned* walked in and placed the man tinder arrest. There
were certain marks on the man's shirt, He claims that they
are 'rust' marks. The detectives will hold him, at least until
a chemical analysis can determine tor certain whether or
not the stains were cawed by blood.
"The negro declared to the police that the shirt was the
only one which he possessed and that he washed it so he could
appear in it at the inquest, to which he had been summoned.
His statement is believed by the poli<j
At this time theories and M tip« n still poured into the de-
teetive office. Many of Frank's friends were working per*
sonally on tin* case in their endeawr to -clear the cloud of
suspicion which hovered over the well known young super-
intendent.
He was prominent in the community, liked by a wide eir-
clf Be was president &f the local Hebrew organ-
ization, li'nai B'rilh, a leader in church and social work,
of good standing in the business world, a college graduate,
pleasant to talk with, with no small amount of personal
magnetism and charm.
Even at that early hour, when very trivial circumstances
were held op against Prank, his friends rallied warmly to
his support.
Theories of how Mary Phagan met her death and by just
what system her murderer can be brought to justice wen-
flooding the offiee of the detectives, People called over the
phone to tell the officers just how they should proceed. Many
of them came in person, and the office was in receipt of him
dreds Of letters from this and half a dozen other states, giv-
ing advice and theories.
Many of the letter writers were anonymous, but most of the
people signed their names. Several letters had been received
from Il criminologiBts, ,, who were willing to divulge their
theories only for money. Several letters came from ''seers"
ami lt mystirs." who communed with the spirits and learned
in that way the ''identity" of the murderer.
Among the interesting callers at police headquarters were
two ladies, who dreamed about the murder. Both said that
31
Visit: www.LeoFrank.org
they distinctly saw Mary Phagan in her desperate battle with
rim murderer.
The ladies arrived within a short time of each other, hut
their dreams didn't coincide. Both gave the chief ACeuri
descriptions of the murderers of their dreams.
While friends of Frank were floe king to defend him, there
an equal amount of condemnation voiced against both
him and the negro Mutteriugs and threats began to till the
air ami when the detectives showed that they really thought
either Frank or Lee the criminal, according to the public's
view of it, by taking the two to the tower, sentiment reached
fever heat.
That Thursday [light promised ttgty things. Fear of what
might happen in tin* then aroused state of affairs caused offi-
cials of city, county and even tin* State to take extremely
nitionary measures.
Thursday night Governor Joseph M. Brown advised Ad-
jutant Genera] J. Van Soli Xash to communicate with ofii<
of the Fifth llegiment, National Guard of Georgia, with &
view to having the troops in readiness should an emergency
arise, The governor also warned the jail authorities and the
police to he on tint lookout ifgns of trouble on the part
of the poput
In response to the warnings of the governor, Colonel E. E.
Pomeroy, commanding the Fifth Regiment, gathered his men
at the auditorium-armory, a few blocks from the tower wl
Frank and Lee were behind the bars, and hold the troops there
until- a late hour of the night. At 11 *M o'clock the soldiers
allowed to return to their homes, rumors of mob violence
tug proven groundless.
From Thursday until the coroner's jury convened again
Monday morning .there was little of real interest to crop up
in the famous case, although rumors and speculations eon-
tinned to grip the city and the state The cupidity of the
piddle for news continued at a high pitch and Saturday night
the militia was again ordered to bfl in readiness in ease trou
hie should come up.
Solicitor H. M. Dorsey held a long conference Saturday
morning with Chief of Detectives Lanford, and Coroner Paul
Donehoo, a conference which, it was understood, resuHed in
the summoning of more witnesses for the inquest and a unify-
ing of the forces of city and state at work on the ease.
Visit: www.LeoFrank.org
All day Saturday the city was alive with rumors that there
had been a confession from one of the two prisoners in the
tower, rumors which the officials indignantly denied and which
later turned out to be entirely unfounded.
So did the first week since Mary Phagan's body was found,
i>iul with the best forees pi comity, pity and state, and outside
agencies at work on the ease, with two suspects in the tower,
and the whole state looking forward to what the coroner f a
inquest might develop wheu it convened again Monday after-
noon at 2 o'clock.
UIAPTBR VIII.
Frank's Story.
Befoiv the coroner's jury reconvened Monday afternoon,
the new Fulton county grand jury was sworn in by Judge
W, D. Ellis Monday morning In his charge to the members
the Judge impressed on them the necessity for considering
the Phagan ease before all else if they should be called upon
to take up a charge against a man accused of murdering tin*
little girl.
In referring to the case the judge - s «tid:
"The Mary Phagan eaBe calls for your immediate and vigor-
ous attention. The power of the state is behind you. What
appears to be an awful crime has been committed, and the wel-
fare of the community, the good name of Atlanta, public jus-
tice and the majesty of the law demand at the hands of this
grand jury and of all officers ol tin* law the most searching
investigation and the prompt bringing to trial of the guilty
party/'
At 2 :'I0 o'clock Monday afternoon the coroner's jury took
up anew its probe of the murder of Mary Phagan. Leo M
Prank was the fl*St witness called. Fur three hours and a half
be stayed on the stand, telling a complete story of where he
was and what he did on the day of the murder, alternately in-
terrupted by questions on the part of the coroner, Solicitor
Dorsey, and Chief Laniard.
33
Visit: www.LeoFrank.org
The only other witnusse* examined during the afternoon
were Mr. an.d Mrs. Eniil Seli^ at who** home the Franks lived,
Selig being Frank's father-in-law .
Frank first testified that ho hud formerly lived m £rt>o
lyn, X. V., that he Ici't Brooklyn in October, 1907, that he
went abroad, and r^turaiag to the Unite. i Stated, went to
work fur the National Pencil company, where he came to be
general superintendent.
lie said in that capacity his duties w<-re to look ;i 1 1 f*r the
purchase of material inspect factory costs, see that orders
were properly entered and idled, and look after the produc-
tion in general.
Frank told how lie came down to the factory as usual
Saturday morning and of the customary routine there until
the hour of noon his work Lightened somewhat owiitir to the
fact that the day was a ho-hlay arid there weiv only chv<n
people in the factory.
He told how shortly after I weh e .Miss Hall the s-mogra-
piier and Alonxo Mann the i-hice-boy, left the building, when
he started copying orders, iu th/* shipping requests I If said
that at thai time, so tar as he knew, there was no uue left
ill the Office,
li About, 12:10 or I2:0b/ J said Frank, "this little girl who
was killed came up and got her envelope. I didn't see or
hear any one with her. I didn't hear her spcat; to any one
who might have been outside. I was in my office working
at the orders when she came up.
ik l don't remember exactly what she said.
"I looked up. and when she to'.d me she wanted hrv en-
velope, I handed it to her. Knowing that the employes would
be coming in for their pay envelopes, I had them all in the
rash basket beside me ,to save walking to the - th time"'
Frank said he didn't know Mary Phagarrs number. He
said each envelope had the employed number stamped on it.
He admitted that he hail looked up Mary Phagan's number
siuce the murder, but he had forgotten it again, he said,
did not see her pay envelope jrftor he Inimical it to her. lb
made no entry of the payment, on the payroll or any other rec-
ord, because none was required, said
"The girl left. She got to the outer door and asked if the
metal had come, i told her no."
He exp ained that the Pua^an child hadn't been working
since Monday because of the shortage in the metal supply.
Visit: www.LeoFrank.org
There was $1,20 in the child's pay envelope, he said, part
of it being for work on Friday and Saturday of the previous
week. He didn/t know at what rate she was paid, he said, as
he didn't open the sealed pay envelope.
When she left he heard her footsteps die away in the hall,
he said, and returned to his work, thinking no more abont
her.
Frank said he knew the Phagan child's face, but didn't
know her name. She stood partly behind his desk, he said ;
and he didn't notice the details of her dress, but thought the
color was light. He didn't recall whether she wore a hat. or
carried a parasol or purse, he said, and didn't see her shoes
or stockings, which, he said, were hidden by the desk,
The girl reached his office between 12:10 and 12:15, he said
and stayed there about two minutes. He thought her name
was on the outside of the pay eiiverope, he said, but had iden-
tified her by her number.
No one else came into the: office while she was there, the
witness said. In response to a question from the coroner, he
said that he had told her she* had come almost too late. When
she left he 'thought he heard her voice in the outer office,
he said. He made no entry on the payroll after giving the
girl her envelope, he said x
Prank then made a startling statement. It was that five
or ten minutes after Mary Phagan left. Leinmie Quinn, foreman
in the tip department, entered his office. Quinn stayed a
few minutes, said Frank, they had some small talk, and the
foreman left about 12:25 o'clock. He said that Quinn knew
Mary Phagan. being head of the department in which the girl
worked.
Before Frank left the office he went up -to the fourth floor,
according to his story, where he found Harry Denham and
Arlhur White and Mrs. White, the two boys being employes
ut the factory.
Prank said lie then went home, reaching there about 1 :20
o'clock Saturday afternoon. About 3 o'clock, he said, he
came back to the factory. Shortly after, he said. White and
Denham, whom he found working on the third floor on his
return, left the building. White borrowing two dollars from
him on his way down-stairs. He went down-stairs after them ?
he said, and locked the door. The rest oi' the afternoon,
he said, he spenl in worknm the financial sheet. He described
35
Visit: www.LeoFrank.org
Lee's arrival early in the afternoon, how he told him to come
back, and how, about 6 o'clock after the negro had returned,
Gantt came and got his shoes*
He then went home, he said, reaching there about 6:25
o'clock. lie told how he 'pheeed Lee at the factory, Frank
said he went to bed at 11 o'clock. He continued his story
with what happened the following Sunday.
Frank described his conversation with Lee at the potice sta-
tion on the Monday following the murder when detectives
lold him to interview tin* black and try to get a confession
out of him. Frank said he told the watchman:
"They know yon know something: they can swing us both
if you don't tell. 1 ' Just what the detectives had asked him
to say.
A little after 6 o'clock Frank descended from the stand.
as unruffled by the terrific grilling and bombardment of ques-
tions he had received as he had been before he testified, He
stated to a reporter that he was not tired at all, and indeed,
he did not appear to be, despite the trying experience.
Emil Selig and his wife. Mrs. Josephine Se'ig, followed
Frank on the witness stand. In effect they testified the same,
that they saw Frank at dinner Saturday, at supper Saturday,
that he went to bed about 11 o'clock, and that he had left
for the factory when they awoke Sunday morning. They
did not infer that he appeared nervous at any time.
At 7:20 o'clock the inquest adjourned until 9:30 o'clock
Thursday morning. The intervening days were allowed in
order that more witnesses might he subpoenaed and the state-
ments made by Frank thoroughly investigated.
Lemmie Quiuii, who had first told detectives that he had
not been at the pencil factory at all Saturday, admitted that
he was wrong. lie said that he had forgotten his visit, that
he had stayed but a short while, and was only in Frank's
office for a minute. He indignantly denied that he had been
offered a bribe to protect Frank by his testimony.
Thursday morning when the inquest resumed, six witnesses
testified. They were Boots Rogers, Lemmie Quinn, Miss Gojf-
inthia Hal 1 , a factory employe; Miss Ilattie Hall, stenographer
at the factory; J. L. Watkins and Miss Daisy Jones.
Though put through a searching examination by the cor-
oner in an efYort feo break down his statement that he had
visited the factory on the day of the tragedy shortly after
36
Visit: www.LeoFrank.or
uooji just after Mary Phagan is supposed lo ha\ e received
her pay envelope and left, t^uiim stuck to his story.
l% I^ots" Rogers testified that Mr. Frank had changed the
tape in the time clock while the officers were in the factory
Sunday morning after the body of Mary Phagan had been
found, and that he stated at tfce time that the sheet he took
from the clock seemed to be correct, Rogers also described
Mr. Franks manner when tin* officers weni to Ins home in an
automobile to take him to the factory Sunday morning.
Miss Corinfhia Halt, an employe in tin* factory, testified
that Mr. Frank's treatment of tin- girts in the factory vrak
unimpeachable. She also testified that she had niH Lcmmie
Quinn at a restaurant near the factory near the noon hour
Saturday, tier statement being confirmatory of his visit to the
factory on the fata: day. J, U Watkins Testified that he had
mistaken Miss Daisy Jones for Mary Phagan when he thought
he saw Mary on the street near tier home on Saturday after-
noon about 5 o'eloek. Miss Jones' testimony was also in this
connection.
At the afternoon session Thursday, Detective Harry Scott,
of the Pinkerlon agency, was oue of tie- first witnesses railed,
lie followed Assistant Superintendent Setoff, of the pencil
factory, who was excused after short testimony. The most
startling statement mad*- by Scott was that Herbert Haas.
one of Frank's attorneys, had requested him to withhold all
eviijenee from the police until Haas himself had considered
it. Seott said that he told Haas he would withdraw from the
• nsr first, S^ott said he was still employed by the pencil
factory.
Detective John Black followed Seott on I he stand and told
of finding a bloody shirt at Lee's home on the Tuesday af-
ternoon following the murder.
Newt Lee was recalled to the stand ami said that when
he and Frank conversed together at the poliee station that
Frank told him, "If you keep that up. your story. Xewti
well both go to hell" lie told of Frank's apparent nervous-
ness on Saturday afternoon. Asked about the bloody shirt,
Lee said that if it was found at his house it must have been
his; that a. "white lady'* once made four shirts for him; that
if it was a "store housrhf shirl it didn't belong to him.
Frank was recalled to the stand and testified in regard to
the elevator, tie- time clock, his work Saturday afternoon, his
actions that night and Sunday morning, and general questions
in regard to arrangements at the factory.
37
Visit: www.LeoFrank.org
City detectives then called some character witnesses: Tom
Blaekstock, who .said Frank was accustomed to "pick" at the
factory girls and had placed his hands on them familiarly
Miss Nellie Wood, of 8 Corput street, who said that she
had worked about two years at the pencil factory, that Frank
would come to her ami put his hands on her "when it was
not called for," that he was too familiar and she didn't like
it, that Frank had tried to pass it off us a joke and that she
told him she "wan too old for that;' 'and Mrs. C. 13. Donc-
gan, of 165 "West fourteenth street, who said that she worked
at the factory three weeks about two years ago and that
Frank had winked and smiled at the girls but "never any-
thing more than that/'
The character witnesses concluded the afternoon's testimony,
and every spectator in the court-room drew a long breath to
think that at last the now famous Phagan case was to go
to a body of men. called together to pass upon it.
It was then ten minutes pass 6 o'clock on the afternoon
of Thursday, May 7, eleven days since Mary Phagan went
to her death at the National Pencil factory. Coroner Done-
boo began to deliver his charge to the jury. He said;
"You have heard the statement of the county physician,
you have seen what caused death. You have* seen the body
and have heard the evidence in the case. *
"It is your duty to inquire diligently as to how Mary Pha-
gan came to her death. That was your oath. In case of
unnatural death, you were to determine at whose hands death
came.
"You have heard the county physician say strangulation
caused death. In determining who is guiHy of the murder you
turn to the evidence, and if you find that any other party is im
plicated or is attempting to shield the murderer, he is guilty
in the same degree.
"Your position in this matter is similar to that of a com-
mitment court, not a trial court.
"If there is a reasonable suspicion in your mind directed
against any person or persons in connection with this crime,
it is your duty to hold them. You also can hold witnesses
who are essential in trying this case. If you think anybody
not actually connected with the case has important informa-
tion bearing upon it yon can hold them,
88
Visit: www.LeoFrank.org '
U T£ you believe any one is concealing information it w your
duty to commit that person as an accessory of the crime,"
The six men forming the coroner's jury filed one by one out
of the door. The crowd waited.
Before twenty minutes had passed back tliey came. The
foreman stood up and announced the verdict. The coroner's
jury had derided that Mary Phagan came to her death by
strangulation and recommended that Leo M. Frank superin-
tendent of the pencil factory and Newt Lee its nightwateli-
inan, be held for investigation by the grand jury.
When the verdict was announced, Frank and the negro
were at the tower, having been carried there as soon aa the
former concluded his testimony.
At once Deputy -Sheriff Plennie Minor carried the news
to the prisoners.
Frank was in the hallway of the tower reading an after-
noon paper. The deputy approached him and told him that the
coroner's jury had recommended that he and Lee be held
for investigation by the grand jury.
"Well, it's no more than I expected at this time," Frank
told him. He made no further comment.
Newt Lee was more visibly affected. When the news was
broken to him he hung his head in a dejected manner and ap-
peared very much depressed.
"I didn't do it, white folks," he muttered again and again.
CHAPTER IX.
Dictograph Incident.
The words "persecution and prejudice," which were to fig-
ure so prominently at the trial of Frank, first commenced to
be heard soon after the coroner's long inquest had ended.
Then it was 'earned that Solicitor General Hugh M. Dorsey
had become so interested in the -case that he had hired private
detectives to make an independent probe of the tragedy. It
was then generally known, despite the fact that he had made
39
Visit: www.LeoFrank.org
Frank w,l SKS* ^ ** DoWe > WM ***** that
feetkt v.r? y * a ! ld * , Wns SHi * 1 ,ha ' ** hart waited de-
Lvilt . /!' WOrc Wlth ° IH,n ,ni, " ls «*«* «>&&>* the
mystery, but to seek only evidence against Frank
abonT IS " "' aS Vr ,, ;. iU " ei,1U ' r eaS,> ,,,, ' same thi »? •«■ «*M
3tf/ ,,,Wvo t an,J 1,i «-'" Is of the accused man oom-
ThTw ftS* **< l,u was P"««W becaote of his race.
, rfnvi, , V! li ' *f e th, ' n : " ,d "* ,0 tuis g«°d day fi«>dv
commeed. or rather they say thai they are convinced, that
crank is an innocent man.
Not as reticent as Dors,y. ib, city detectives freely declared
W th«y were t.rm .., the conviction thai it. Frank they had
he murderer. Continually, however, they protested that thev
were open to couvmibm ;llu) W01lll| ,. o „ 0w , (> (h) , bjtt( , r ^
any ehae thai predated itself, even though it pointed awav
troiii L'rank.
IF th,. solicitor's detectives unearthed anything in the case,
it will probably r,mam a mystery, as they fefl the job after
about W days ami have never appeared i„ Atlanta again
For several weeks after the coroner bad committed Frank
ana .Newt Lee to the tower as suspects, there were eoutiuued
rumors that, a young girl had been heard talking on streel
corners, and saying that she met Mary and waited outside
he factory, while she tyent op and gol a pay eheek from
I'tank. iMimiiv the detectives Located the woman in question,
ami n developed that it was on the Saturday preceding the
tragedy that she went to the factory with the s:irl who met
her death there a week later.
•V.I.Thomas]',. Fide,-, well known Atlanta atton.ev. and the
•"•in who meurred the undying enmity of Gov fob- Blease
ot South Carolina, by his prosecution of the famous dis-
pensary graft cases, bad announced shortly after the enroner's
inquest that i,, had been employed by eitisena of Betiwood
(the district n. which .Mary Phages lived) to find and prose-
cute the girls murderer.
II.- stated Hint in bis opinion the murdtoer was really Leo
-\ . iM-aiik. but declared that itnfow necessary for the citizens
ot Ueorgia to hire detectives who -could and would" solve
ttie mystery, and secure evidence enough to eonvict Frank.
n!f W ' ilS . BUI,ty - or n ". v " ih "r Wan if Frank was innocent.
the colonel ,i„i m „ express a eery high regard for Chief
bautord and the eity detectives, and as to the Pintertons
lie quoted many rumors which said that they wi^rc working
lit
Visit: www.LeoFrank.org
not to solve the mystery, but to shield Frank. Col. V\UUv
was a persona! frjfend of William J, Burns, and the 1st
had assists! him in his efforts to jfljpeaeh Gov. Blease.
Felder declared thai if the public would assist him by donat-
ing to a fund thai he would gel Burns, who was then in Europe
working on tin* Martin disappearance mystery, to come to
Atlanta and take up t he hunt for the factory girl's slayer.
Subscriptions came in rapidly, and on May 18 C. W. Tobie,
"roeeift) investigator," earne to Atlanta to gather up the loose
strings and pave the way for his famous Chief.
Soon after his arrival, Tobit- gave out an interview in
which he said that his theory of the crime coincided exactly
with that Hon enti-rlained by tin* eity detectives.
For about a week Felder and the Burns people were the
figures of chief interest in the man hunt. 1\ A. Flak, ft New
York finger print expert^ was brought here by Solicitor Dor-
sry, but had remained only lor a day, and after examining
the notes found by the body, declared that by handing them
so much! the detectives had desl roved a vital elite, lie eould
tell nothing about the notes because of the condition in which
he found them, he said.
Charges that a vast corruption fund had been raised to
save Frank, guilty or innocent, were heard frequently at this
time, although they weiv never sustained.
It was charged that the Pinkerton Operatives, employed by
the pencil company., were "double crossing' 1 the eity pol
working with them simply to learn I heir secrets and report
them to the attorneys for the defense of Frank, Another
charge was that Felder and the Burns people, while posing
as the man hunters, were really employed by Frank's friends
to shield him.
The city detectives Were suspicious ot the Bums people,
and not only failed t0 £* ve &<H? fni y assistance, but had
-ery Bums operative shadowed.
While their charges were never substantiated, the suspic-
ions of the eity detectives culminated in the dictographing
of I Yd. Felder by agents in the employ of Chief Lanford.
On May 23d the Atlanta Journal sprang the famous "dic-
tograph sensation. 1 * devoting its entire front page to thp
'scoop/
Chief Lanford charged thai Get Felder had sought to bribe
G. C, February, his stenographer, to steal.' certain affidavits
and papers in the Phauan ease, The dictograph reeo
41
Visit: www.LeoFrank.org
which were printed in fall, are too lengthy to reproduce here.
In substance tbe alleged records showed that Felder was ne-
gotiating for the purchase of certain affidavits, which, it was
alleged, would show up the city detective department, proving
that the chief and some of the members were corrupt.
February, it seems, acting under instruction, had led the
Attorney to believe that he could obtain certain papers in
the Phagan mystery, which would prove corruption in the
department. The deal was negotiated through A. S. Colyar,
an adventurer formerly from Tennessee, who had known Fel-
der during the dispensary graft probe. In the dictograph
records Mayor James G. Woodward was also involved, it be-
ing alleged that he sanctioned the alleged effort on the part
of Felder to "get the goods" on the detectives. Nothing
was accomplished by the dictograph exposure, although it led
to a sizzling war of words between Felder and Lanford.
This battle of vituperation resulted in a near physical com-
bat between the two principals, when they met in the court
house, but deputy sheriffs prevented the actual passing of
Mows. It is claimed that Felder reached in hie pocket at
the time for a revolver, but when the charge was made before
the grand jury, it failed to return an indietmeut
The net result of the grand jury's investigation of the sen
rational dictograph incident was that, it indieted Felder for
libeling Word and Lanford for libeling Felder in their
several published attacks on each other.
.u W £. Ie the Feldei '- Lan *°rd controversy had little to do with
the Phagan murder mystery, it served to intensify the public
interest m the crime, and to make rumors that "unseen hands"
were at work harder to down.
Abo it served to end the connection of the Burns detec-
tives with the case.
The war of words was at its height and the city detectives
were trailing the Burns men even to their meals.
"This is a hell of a family row and no place for a stranger, '
said Burns investigator, Tobie, and he grabbed a traiu for
New York.
On Friday, May 23d, the Fulton county grand jury took
up the consideration of a bill charging Frank with murder.
The witnesses who were heard at the first day's session were
Dr. J. W. Hurt, the county physician, whose evidence did not
reach the public until the Frank trial; Police Sergeant S. L.
Dobbs; R. P. Barrett, who discovered the blood on the second
42
Visit: www.LeoFrank.org
floor of the factory and strands of a girl's hair near the
fiame place j Detective J. N, Staines and W* W. Rogers,
The second day's session of the grand jury resulted m
the returning of a true bill, despite the fact that hundreds
of people had declared that Prank would never be indicted
for the crime.
Among tJie most important witnesses of the second session
were Harry Scott, the Pinkerton, and -Miss Monteen Stover.
The girl was a new figure in the ease and a witness of ranch
importance.
She told the graud jury in substance that when going to get
her pay check on Saturday, April 26th, she walked into Su-
perintendent Frank's office at exactly 12:10 o'clock.
The office was perfectly empty, she asserted, and expecting
someone to come in momentarily she waited for five minutes.
Failing to see Prank or any of the office foirce, she left the
building and returned the following Saturday, when Pinker-
ton operatives found her.
The girl had not testified at the coroner's inquest, although
located before the final session, and detectives admitted that
they were saving her as a "star witness."
Immediately after he located Monteen Stover, Harry Scott
of the Pinkertons with John Black, of the city force, visited
Frank at the tower and said: "Did you leave the office at any
time between 12 and 12:50 o'clock, Saturday?"
"No," answered Frank.
"Think about it and be as positive as you possibly can,"
said Scott.
"1 am absolutely rcertain that I didn't leave my office from
the time Miss Hall, my stenographer, left, until I went up
lo the fourth floo^j to tell Arthur White's wife that I was going
to lock the building/ 1 he replied.
In other words, the girl came in at the exact time the state
contends Frank was back in the metal room, choking the
life out of Mary Phagan's body.
The testimony of the girl was considered by the solicitor as
of extreme importance.
It was doubly valuable because at that time it was the only
flaw the police had found in Frank's story r as told at the
inquest.
Try as they would, they could not break it, for ever^
point that could be corroborated by witnesses, was found to
be true.
43
Visit: www.LeoFrank.org
Monteen Stover^ story was .considered a " elineher" and
the grand jury returned the true bill, when Scott followed
her on the witness stand, and gave his story of Frank's repeat-
ed assertions that he did not leave his office during the in-
terval mentioned.
Grand jury sessions are secret, but the testimony of every
witness who went before the bod; ' Br, Hurt's, was
known to the public at.the time, and no faets exeept Monteen
Stover's story, which were not placed before the eoroner's
inquest, were heard by the 23 men, who formally indicted
Frank for the erime.
Tliere were five Jews on the grand jury, an unusual num-
ber for Fulton county, and before the indieement was returned,
there were many rumors that they would block it.
However, if a single vote v\as east against the bill, the fact
never beeame known as every member signed the indictment,
Prank had not expected an indictment, and had eonfident-
ally told friends that a grand jury would never formally
Charge him with the erime.
In his cell in the however, he took the news quietly
Bfl he has taken practically every turn in the case.
He took much consolation from the faet that a grand jury
hearing is exparte and his aide was presented by no one.
rilAPTEK
Conley Enters Case.
While the grand jury was eoiuidering the tadfetment of
Frank, a new figure entered the case.
•The man in question was James (Ymley, a negro sweeper at
the National Pencil factory, who from that time through the
tedious trial which was to follow, was the dominant figure
about which the state built its ease, and the man to whom the
erime itself was to be charged by the defense of Frank.
Conley had been arrested while the coroner's inquest was
iti progress. E F Holloway, timek factory, one
44
Visit: www.LeoFrank.org
afternoon about 1 o'clock saw Conley washing a shirk He
said nothing to the negro, but quietly called for the detec-
tives.
When the police arrived some ten minutes later, Conley had
dried the shirt, partially; and had the garment, still damp, on
his back.
41 Come with me," said the policeman,
"Boss, 1 haven't done a thing," said the negro.
"Why, you brute/' answered the officer, "you ware B06D
washing Alary Phagan's blood off of the shirt you now have
on."
"Boss, that wasn't Mood, it was jest natcheral nigger
flirt," said Con!ey.
"Well, why were you washing it at this time of the day?"
questioned tin* bluecoat.
"Well, deys done called me for a witness at the court, and
I didn't want to go around all those white people in a dirty
shirt,' ' Jim said and the officer believed him because every
employe of the factory had been ordered that day to report
before the coroner.
But Jim was a negro, and the police couldn't afford to take
chances so they locked him up and forgot about him for sev-
eral weeks.
Detective Harry Scott dropped in Jim's cell one day, and
asked the negro to write a few sentences for him. The de-
tectives were working then ,as they were throughout the ease,
on the handwriting clue.
"Uoss, 1 can't write a word," innocently responded the ne-
gro, as he walked closer to the bars and begged the officer
for a cigarette.
Replying to Scott's questions, the negro gave a glib account
of his movements on the Saturday of the tragedy, accounting
for every minute and swearing that he had never been near
the factory on that day.
Nothing was thought of Jim Conley for a week or more, and
then factory employes on the occasion of the many visits el
the detectives to the scene of the tragedy, informed that that
Conley bore a bad reputation; that he had hem in the hands
of the police repeatedly, and that once he hat been in the
city stockade and worked on the streets in front of the
factory.
The detectives paid little attention to the statements of the
factory people about the negro at first, as they were so certain
Visit: www.LeoFrank.org
that he had had ft&thing at all Lg do with the crime, and in ad-
dition they found that Oonley was not well liked because he
had borrowed money Emm many employes and had failed to
pay it back.
Things dragged aid cas ,.
against Prank was 1o be presented .m the gzm& jury, and a'l
of the sleuths were at a Loss For m-w ejiiei
One day Scott easaall; -
if Conley could write. The a < ; , anfl searching
ih rough a desk tie found a eontraw to pay the mstallra
a watch, which Jim had si^u-d.
Realizing that Conley had l,Vd afcfitft one p;u -i-mlar. the de
lective thought it highly probable that 1
iroin start to finish.
They started giving him the third degree- luat third degree
which was to biter cause so much eommeni a! the trial
On May 2% ('onley admitted, under the third degree, that
he had bed about hot knowing how io write, but swore thai
ha knew botfeing ahmu the crime. Uo gave the officers
eimen of his handwriting, and they were startled by its sine
ilarity to mt found on the be riain girl's body.
Saturday morning about lo o'clock, however Conley m\
ior Detective John Black.
^BooBj Fse going lo tell you the whole truth now/' be
said,
"I did write them notes th«t you accuse me of writing, but
I did it because Mr. Frank Lold me to, a nd he said he was
going lo send them to Hut mother in Brooklyn, and that she
would give me a job."
: 'Go ahead/' said the elated detective, "and tell me all
about it, Jim. Dou : t keep back a tiling."
"WelL Friday evening about 3 o'clock Mr. Frank comes
to me and says — "
"Hold on, dim, you mean Saturday. v interrupted the officer.
"No, sir, Friday, " said Jim.
"Go ahead, M returned Blade, anxious to get as much of the
■y as possible at that time, and knowing that he oouid
work oti the obvious lies la
But the negro had practically told Ins story for the day. Pe
added many details, dec ariulr that Frank gave him $2.50,
which was in a cigarette box, when be had written the notes,
and offered to get him a job with "wealthy relatives" in
46
Visit: www.LeoFrank.org
Brooklyn. HIa< k edited Harry gcofci ifl, and after they bad
Written (mi. the negro'i na&it and had it signed, they
rushed to the solicitor 'a office.
The <rrand jury was then in session eousidering the mdict-
it oi' Frank.
Scott and Black wanted to tlmch tin; indictment by putting
dim Conley bflfwfe {he grand jury ami allowing that body to
tyear his story.
Dorsey. boweve Bdent that fih'«rti was enough evidence
without the u&gro fce peeu&e Frank's indietnomt, and wishing
to beep 1 1 1 o nrjfifjV story a s&eret, r^ftldod to put him on the
wit* nd.
II ; : * to keep the sensation a Sfcefcet was rutilo 3 how-
ever, and before the graai<3 jury adjourned an extra Journal
announced ihe startling news.
Still Dorsey held thai h>> eould get an indictment of Frank
wifhout the negro's story, nml within a few hours it was
known that he was right.
Thut afternoon Dorsey 'dad a long conference with the n^gro
and the detectives, anH a stenographic report of the conver-
sation whs mad".
(Donley stuck to his Story, although tin* detectives pointed
nut thai his story -'wouldn't lit./" and mid him that it showed
premeditation on the pjirt p! Frank, and that then* eould be
no preniediiatiiin, where Such a prime is involved.
Conley swore repeal edly that he was telling the whole truth,
and the deicH ive then thought that he would never change
his story.
He're's the way Conley told his story in tfca first affidavit:
Slate of Georgia, County of Fulton:
Person:. Uy appeared before the undersigned, a notary public
in and tor tlie above state and county, James Conley. who.
being sworn nil oath says:
Oil Friday < veniug before the holiday, about tour minutes
::, Mr. Frank come up the isle and asked me to
eome to his office. That was the isle on the fourth floor where
[ was working, and when 1 went down to the office he asked
me CbuW I write and I told him yes I COuld write a little bit.
and he give me a serateh pad and fold me what to put on it,
and told mo to put: on there "dear mother, a Jong tall black
negro did this by himself," and he told me m write it two or
three times on there, f wrote it on a white serateh pad, a
brown looking serateh pad, and looked at my writing ami
wrote on that himself, but when I writ to his office be as
47
Visit: www.LeoFrank.org
Site if 1 wanted a cigarette ami I told him yea but they didn't
allow any smoking in the factory, and he pulled out a box
of cigarettes that eost 15e a box, and in that box he had $2,50.
two paper dollars and two quartern, and I taken one of the
cigarettes and hfimded him the box back and he told me that
was all right 1 was welcome to that for I was a ^n<>d working
negro around there and then he asked me where was (iordon
Hailey (Snowba'l they call him) and I told him he was on
the elevator, and he asked me if I knew the night watchman
;ind 1 loltl him no sir I didn't know hint, and he asked me
if F ever saw him in the basement and f told him no sir 1 never
did see him down there, but he could ask the fireman and
maybe he could tell Uim more about that than J could, and
then Mr. Frank was laughing and jollying and going on in
the ofliee. ami 1 asked him not to tako out any money for
that watch man I owed, for I didn't have any to spare, and
he told me he wouldn't, but he would see to me getting some
money a little bit later, lie to!d me he had some wealthy
people in Brooklyn, and then he held his head up and looked
out of the corner of his ryes and said "why should 1 hfittgt' 1
and that's all I remember him saying to me. When 1 asked
hi hi not to take out money for the watch he said you ought
not to buy any watoh, for that wife of mine wants me to buy
her an automobile, but he wouldn't do it; I never did see
his wife. On Tuesday morning after the holiday on Sat
urday. before Mr. Frank g©| in jail, he conie up the isle where
I waa sweeping and held his head over to me and whispered
to me to be a good boy, and that was a'l he said to me.
(Signed) JAMFS CONLBY.
Sworn to and subscribed before me this 24th day of May,
1913. Q; C. FEBRUARY,
Notary Public, Fulton County, Georgia.
The detectives were highly elated, however, aa they knew
that they had in custody the writer of the murder notes.
Lie out of the whole cloth as they thought his story might
be, they were absolutely certain that his hand penned the uotes.
Handwriting experts had testified that in their opinion the
writing on the notes was that of Newt Lee's, but it didn't
take an expert to know beyond a shadow of a doubt that
Jim Conley wrote, once they had a sample of his hand, and a
sample of the murder notes before them,
Detectives and students of the crime generally had re-
peatedly declared that ''The hand that wrote the uotes tied
48
Visit: www.LeoFrank.org
t a»tmd Mary Pha^n's peek/' hut the sleuths were
stni unsatisfied, when tiny i'ouu,] that for week had
had the writer of the notes in custody.
The myster ,vas not solved.
w.is elearly the missing link in the chain, they said,
one believed that he was telling the whole truth.
The ertory thai Frank had the notes written on Friday, plan-
uing the crime, simply couldn't be swallowed.
The suspicion that Conley himself might be the murderer,
r every hour and there was some talk about
tlu> i tymshing :
T]le * ' went after Conley again.
The negro was up against the Mhird degree- 1 in earnest.
< I1APTKK X,
"Conley in School."
The "third degree H or the "school" was fruitful in Con-
ley's r*a
The defense of Frank has declared thai after the first day
it was not a third degree that Conley went through, but a
school, and the detectives, they say. were the instructors,
putting the words in Con ley's mouth.
At any rate, May 27th Con ley made another affidavit. In
statement, which was made to Scott tod Chief Lanf or d,
Conley admitted Huh he wrote the notes, but declared that
he went to the factory Saturday afternoon and found Mr.
Frank there, and the lattrr called him.
ley again accounted for his whereabouts in the morn-
ing, going into many details, and repeating those relative to
the writing of the note, which were given in the first affidavit.
Conley alsn added the statement that while he was writing
the notes Frank walked nervously about the room, and look-
ing up at the ceiling, exclaimed, 'Why should I hang, I have
wealthy relatives in Rrooklj
The negro asserted that he did not know then that Frank
earn*' to Atlanta from the New York city.
49
Visit: www.LeoFrank.org
The detectives were .satisfied with Couley's second state-
ment until they had had plenty of time to sit down and
think it over,
The negro had looked [hern, squarely in tie eye. and asserted
that he had told everything, vvhieh he knew even though fee
realized that it might involve him eriminally.
But baek at him they went again at noon of tin* following
day.
For many hours in- was closeted in the oi^ic-i- oi' Chief of
Detectives Newport Land'onl while a dozen newspaper men,
who had gathered outside, clamored Tor news about the grill-
ing. Chief of Police Peavers was i-aPed into the conference
several titnes, hut Efie officials all raf$9$d to talk.
By words that leaked ihromrh the doors, the reporter pieeed
together the lucre's new story. Fie hud added that he helped
dispose of the body.
The following day ho many of ihe new sensaiions mid by
Conh-y had fceea gleaned by eneygefcie reporters that Chief
Lanfonl deeided to make the uoirro's third affidavit publie.
It. follows in ful!:
'V) n Saturday. April 28* l91Bj wlien I came baek to tlie
pencil factory w ith y| r . Frank I waited I'^r him downstairs
like be told me, and when he whistled for tae 1 went upstairs
and he asked me if I wanted io make somfe DJOBey right quick,
and f told him yes, sir. and he told me that he had picked up
a girl baek there and had let her fall and that her head hh
against something — he didn't know what it was — and for me
to move her ami I hollered and lohl him the srirl was dead."
'"And lie fo'd me to pick her up and bring her to the eleva-
tor, and 1 lohl hint [ di(!n v l: have nothing to ph'k her np with,
and he tod me to^ro and look by the eollon box there and gel
a pieee of .doth and I got a big wide piece *rf elolh and come
hack there to the VtiX&'h toilet, where she was, and tied Iter,
and 1 taken her and brought her up there to a little dressing
room, carrying her on my right shoulder and she got too
heavy for me and she slipped o(T my shoulder and fell on the
floor righl there at the dressiag room, and I hollered for Mr.
Frank to come there and help nie : lhat she was too heavy for
me, and Mr. Frank eome down I here and tnld me to 'pick het-
up. dam foo!/ and lie run down there to me and he
was excited, and he pidkea her np by the feet. TTer feet and
head were sticking out of the e'-oth, and by him being so ner-
voitS'he let her feet fall, and then we brought her up to the
elevator. Mr. Frank carrying her by the feet and me by the
Visit: www.LeoFrank.org
shoulder, ami we brought her to elevator, and then Mr. Frank
says, 'What, let me get the key/ and he went into the office
aaad come back and unlocked the elevator door and started
the elevator down.
"Mr. Frank turned it on himself and we went on down to
ad Mr. Frank helped me take it off the eleva-
tor and be told me to take it back there to the- sawdust pile
and I picked it up and put it on my shoulder again, and Mr.
i-rank he went lip the ladder aad watched the trapdoor to
sea if anybody wan coming and \ taken her back there and
taken the cloth fronJ around her and taken her hat and shoes
which 1 picked up upstairs right where her body was lying
;m«l bWnght ibem down and untied the cloth and brought
them back and throwed them on ttie trashptle in front of the
furnace and Mr. Frank was standing at the trapdoor,
lie didn't tell me where to put the thing. 1 laid her body
down with her head toward the elevator, lying on her stom-
. Hi ijinl the Left side pt h&f taee was ofc the ground, the right
side of her body Was lip and both arms were laying down with
her body by the side of her body. Mr. Frank joined me back
of the efevator am! he stepped on the elevator when it got to
where he was. and he said, *Gee, that was a tiresome job/ and
I Laid him his job was not as tiresome as mine was, beeanse
I had to toie it all the way from where she was lying to the
dressing room and in the basement from the elevator to where
I lefl he
"Then Mr. Frank hops off the elevator before it gets even
with the second floor and he makes a stumble and he hits the
floor 'and catches with both hands and he went around to the
sink, ! 1 went and cut off the motor and
I stood ami waited for Mr. Frank to eumc from around there
cashing Ins hands and then we went on into the office and
Mi\ Prank, he couldn't hardly keep still. He was all the time
moving about from due oilier to the other, llien he enme
back into the stenographer's office and cone- bark and told
me, 'Here §<?jne Bmraa Clark and Corathia Hall/ T under-
stood him in say and h< back and told me to come here
ami ned tin-, wardrobe and told me to get in there, and
I was so slow about going he told me to hurry up, damn it,
and Mr. Frank, whoever that was emne into the office, they
didn't stay W> very long till Mr. Frank had gone about seveu
eight; minutes, and I was fttfll in the wardrobe and he never
had come to let me out, and Iff*. Frank come back and I said:
'Goodness alive. \nn fcftpt me in there a mighty long time/
51
Visit: www.LeoFrank.org
and he said: 4 Yf% 8«e I did; you arc sweated/ And then
mo and Mr, Frank sat down in a chair. Mr. Frank then took
out a cigarette and he give me the box and asked me did I
want to smoke, and I told him, 'Yes, air,' and I taken the
box and taken out a cigarette and he handed me a box of
matches and 1 handed him the cigarette box and he told me
that was all right ] could keep that, and then I told him he
had some money in it and he told me that was all right I could
keep that.., Mr. Frank then asked me to write a few Hues on
that paper,, a white serateh pad he had there and he told me
what to put on there and 1 asked him what he was going to
do with it and he told me to just go ahead and write, and
then at*t«-r 1 got through writing Mr. Frank looked at it and
said it was all right, and Mr. Frank looked up at the top of
the house and said, 'Why should I hang? I have wealthy peo-
ple in Brooklyn,/ ami I asked him what about me and he told
me that was all right about me. for me to keep my mouth shut
and he would make everything all right.
"And then I asked him where was the money he said he
was going to give me, and Mr. Frank said, 'Hero is $200/ and
he handed me a big roll of greenback money and I didn't
count it. I stood there a lit tie while looking at it in my hand
and 1 told Mr. Frank not to take out another dollar for that
watch man I owed, and he said he wouldn't — and the rest is
just like I told you before. The reason I have not told this
before is ! thought Mr. Frank would get auj and help me out,
but it seems that he is not going to get out, and 1 have decided
to tell the whole truth about the matter,,
"When L was looking at the money in my hand, Mr, Frank
said: v bet me have that and 1 will make it all right with you
Monday if 1 live and nothing happens/ And he took the
money baek and I asked him if that was the way he done, and
lie said he would give it hack Monday.
1 JAMKS (ONLEY/'
Sworn to and subscribed before me the 29th day of May,
soul a a febuary,
Notary Public, Fulton County, Gft.
(Jonley explained his presence at the factory by saying
that on Friday afternoon Frank instructed him to meet him
near Montag Bros., where he went every day, and come to
the factory to do extra work. lie arrived there about 11
o'clock, he told the officers, and met Mr, Frank, behind whom
he walked baek to the factory.
52
Visit: www.LeoFrank.org
Frank had then told him to wait downstairs until be was
caUeA He waited and fell ashvp, he asserted.
That day at noon Conley was carried to the pencil factory
by a half dozen detectives. In their presence and in the
presence of a number of newspaper men and several of the
factory employees, he dramatically re-enacted his part in the
crime.
The negro was repeatedly questioned by the dettetives as
he went through the factory, and he answ-ered them rapidly,
glibly, and without a moment "s hesitation,
In pointing out the place where lie found the body, where
he dropped it, when- he got the saens, and other pointy the
negro didn't hesitate, and half the time the detectives had
t<» trot to keep up with him,
Following the "illustrated tectum" on his part in the crime
and his recitals o£ the conversations, which he said took place
between himself and Frank he was carried to the superinten-
dent's office, where he j4«»t into the wardrobe, Later he wrote
one of the notrs from dietation.
There in the presence of the newspaper men Chief Lanford
asked the negro if he had been mistreated during his stay at
headquarters, and he anskered in the negative. Asked by the
Chief if he hud heen promised clemency or offered any reward
for the story, he again said no.
From the factory Con lev was carried, not hack to police
headquarters, where be remained from the time he was
arrested, but. to the county jail, eommonly known as the
Tower, where the sheriff is in charge and the police and de-
trctives have no authority.
Visitors were allowed to see Conley, whenever he did not
object to their presence, and B number of reporters inter-
viewed him,
After he had been in the Tower two days, Win. Smith, an
attorney first employed by a newspaper to represent the ne-
gro but who later remained m eonnsel employed direct by
ConJey, secured the eourt's atrnvment to return the negro to
Police headquarters.
The negro charged through his attorney that friends of
rrank were constantly passing by his cell, and that they had
abused him, saying that he was lying, and that one had even
drawn a pistol on him and threatened his life. Another, he
»*id r had offered to get him whiskey.
58
Visit: www.LeoFrank.org
After Conley was carried back to the station house, the so-
licitor general made strenuous kicks about the amount of
publicity given the itegro'* statements and requested the de-
•ives to keep all visitors away from his cell.
There was then m order passed that barred everyone from
his ee-1 except city detective. This* meant Harry Scott, the
Pinkertom who had given such valuable aid to the police, but
who frankly admitted thai he wag furnishing reports of all
developments to hts employer, the National Pencil Company..
While the order did not include them, it resulted in vir-
tually barring Etojb j c U all policemen and detectives ex-
cept the ii'-ads of the department ;uui Detective Starnes and
Campbell, who were then working directly under the instrue-
lions of Solicitor Dor*-
From that moment until he took the witness stand at the
trial the public heard no ufdrfe from Jim Conlcy, and it was
generally belie-, he had stuck to his third story until
j reply to the So id lor *s question at the trial he commenced
adding new mis.
DHAPTHB Xll.
Racial Prejudice Charge.
< Vmiey is guilty. Be U the eeal murderer, not Frank, and
J ifi seeking to save his mva black skin by charging tin-
crime to the facto?, intendenl
5EM* ds shouted by hundreds of Attentions
r the negro had made his sensa-
tuto&l affidavits, an texids of Frank shouted
"What s the matt. ;r with the detectives!" asked those who
;uou ^ lji essory, but a principal in the
crime, "What's the m ith Dorseyf Why doesn't he
make a move?"
Visit: www.LeoFrank.org
Dorsey remained calm and quiet under the criticisms, and
the detectives clung to the theory that Frank was the mur-
derer, and generally they accepted the story of Jim Cor
as being the truth, if not the whole truth.
"Dorsey i» prejudiced against the J< w. and so are the de-
tectives, " This was a statement which one could hear during
those turbulen' reel corner in Atlanta; in
every saloon ; in every club and e re men gathered to
discuss the great murder mystery.
The det continued to cling and the
storm .of criticism didn't mo\e the solicitor general.
It wag not without its and the gran*
jury which had indicted Fr&ufc for the Mary Phagan muri
sought to indict the aegTO tor the same crime. If it had
Frank would probably never have faced a trial for his life.
But Dorsey stood firm, ami grand jui> meeting lie
blocked the efforts to indict thi
"We have Conley Looked up/' he told the grand jtuyj
*and he has no more *:\\;w than he would
have if charged with the murder, Ho bond will be big enough
to get him out of jail. Frank is already iudiHrd. and T am
firm in my convict inn that he is guilty of the crime, If I am
wrong, a JU !lf l the* 5
there will be of lime to talk ahout indicting (am
Several of the grand jurors w- : -mined
negro and Dorsey continued Uis ; "I am abso'ut
ain that an indictment ot' Conley can do and it
may cause a miscarriage of j
'In addition, 1 proi this. If f remain solicitor
WPfilj Frank will go bo trial before Conli
Finally the grand jurors tO< *0 ma tin- advisabil:
causing the eviden brought before 6hi
Dorsey won his point.
The feeling over the matter was
of the grand jury imme went before the purt
and resigned from that it was projudi
Before Frank actually came to trial aaoth 1 jury.v
empanel- I over bl Lg^roufl W, D
Beattie, its foreman meeting
matter.
y 55
Visit: www.LeoFrank.org
tf
There was another hard and bitter fight, but again Dorsey
came out victor. The cry that he was prejudiced became
louden but Dorsey went along: undisturbed, devoting practi-
cally his entire time to the preparation of the ease against
Frank,
Shortly after Frank was indicted there came an incident
I hat intensified i\iv hatred of the Frank sympathizers for
Dorsey,
IJe heard in a roundabout way that Albert McKnigJlt, hus-
band of Mineula, eook for the Selig family, had sensational
evidence in her possession relative to the actions of Frank a!
home and statements alleged to have been made by members
of his family, He sent for Albert, and instructed one of his
bailiffs to bring iMineota to his office. This was on May 3rd.
Albert, told the solicitor a sensational story in the presence
of his wife, but she refused to corroborate it. Detectives
Starnes and Campbell were present at the conferenee.They
questioned the solicitor general about incarcerating her until
they were satisfied that either she or her husband was lying.
The solicitor said that it was not in his province to order her
incarcerated, but told them to do whatever they thought best.
They decided to lock her up, and the negrcss. screaming
and fighting, and practically in hysteries was led to a waiting
patrol wagon from Dorsey r s office.
She remained until June 3rd, when about noon, when in
the presence of Attorney eGorge Gordon, who was retained
to represent her by some unknown party, she made the fol-
lowing affidavit :
STATE OF GEORGIA, County of Fulton:
Personally appeared before me, a notary public in and for
the above state and county, Minola McKnight. who lives in
the rear of 351 Pulliam street, Atlanta, Ga f who. being duly
sworn, deposes and says:
Saturday morning, April 26, 191:5. Mr. Frank left home
about 8 o'clock, and Albert, my husband, was there Saturday
too; Albert got there I guess about a quarter after 1 and was
there when Mr. Frank come for dinner, which was about half
past one. but Mr. Frank did not eat any dinner and he left
in about ten minutes after be got there,
Mr. Frank come back to the house at 7 o'clock that night,
and Albert was there when he got there. Albert had gone
home that evening, but he come back, but I don't know what
56
Visit: www.LeoFrank.org
time he got there, hut lit- coinc some time before Mr. Frank
did, and Mr. Frank eat supper that night about 7 o'clock,
and When I left about 8 o'clock T left Mr, Frank there.
Sunday morning I got there about 8 o'clock, and there was
an automobile standing in front of the Ikhim . but I didn't pay
;iuy attention to it, hut I saw a man in the automobile get a
bttoket of water and pour into it. .Miss Lueile (Mr. Frank's
wife), was flown stairs, and Mr. and Mrs. Selig were up stairs.
Albert was Ihere Sunday morning, but 1 don t remember what
time he got there. When I called them down to breakfast
about ha'i past sigh* I found that Mr. Frank was gone. Mr.
and Mrs, Selig rut breakfast ami Mifts Lueile didn't eat until
Mr. Frank come back and they tM breakfast together. I
didn't hear them stay anything at the breakfast table, but after
dinner I understood thesm to say that a girl and Mr. Frank
were caught at the office Saturday,
I don't know who said it. but Miss Lueile and Mr. and
Mr& Selig and Mr. Frank was standing there talking after
dinner, ! didn't know the girl W#S killed until Monday <ven-
ittgi I understood them to say it was a Jew girl, and I asked
Mis* Lueile, ami she said it was a Geniii<\
On Tuesday Mr. Frank said to me. "It is mights' bad, Mi
nolu, I might have to go to jail about tins girl, and f don't
know anything about it."
I b- >. Kauzin Mrs Frank's sister, t*'"l Miss Lmdb-
that it was mighty bad, and Miss Lwdle said, 'Yes. it is. I
am going to r her aboul it." 1 don't know what they
talking about.
Sunday Miss Lueile said lo Mrs. Selig that Mr. Frank didn't
Bleep so godd Saturday night. Sin* said he was drunk
wouldn't let her aleep with him and sin- said she slept on the
rtoor on tbo nag by the bed because In- wms drinking, Miss
hwle said Sunday that Mr. Frank told ber Saturday night
that hi' was n. trouble, that be didn't fcnOW tin- reason why
he would murder, and he told bis wife to gel Jiis pistol and
let him kill InniscT I heard Miss Lueile say that to Mrs.
Selig. It g t away with Mrs. Selig mighty bad, but she didn't
know what to think. I haven't heard Miss Lueile say wbether
sbe beUeved it or not. 1 don't know why Mrs. Frank didn't
to aee her husband, but it was a pretty good while be-
fore sin* come to see him. maybe two weekv She would tell
m.-. Wavii't it mighty bad that tie was looked up," and she
said "Almoin, J don't know what I am going to do."
57
Visit: www.LeoFrank.org
"When I left home to go to the solicitor general's office,
they told me to mind what T said. They paid me $3.50 a
week., but last week she paid nie $4, and one week she paid
me $6 50. But at th£ fcfcae ei this murder I was getting $3.50
a week, and the week right af1< j r the murder I don't remem-
ber how much fcbey paid me, The next week $4, and the next
week $4. One week Mrs. Selig gave mh $5, hut it was not for
my work, and t hoy didn't tell me what it was for. They just
said. 'Here is $5, Minobv' but of course I understood what
they meant, but they didn't tell toe anything- at the time, I
understood it was a tip for me to keep quiet. They would
tell me to mind how I talked, and Miss Lueile would give me
a hat/'
Question: Was that fche reason you didn't tell the solicitor
yesterday all about this — that Miss Luci!e and the others had
told you not to nay anything about what had happened out
there*?"
Yes, sir,"
Question: **Is that true?"
"Yes, sir."
Question: "And that is the reason why you would rather
have been locked up last night than tell this?' 1
"Yes, sir."
Question: "Has Mr. Piekett or Mi*. Craven or Mr. Camp-
bell or myself (Detective Starnes evidently), influenced you
in any way or threatened yon in any way to make this state-
ment?"
"No, sir."
Question: "You make it of your own free will and aecord,
in their presence and the presence of Mr. Gordon, your at-
tornev?"
"Yes, sir/'
(Signed) ' MINOLA M 'KNIGHT."
'Sworn 1.<T and subscribed before me. this third day of
June, 1918. (Signed) G. C. FEBUARY."
Almost immediately after signing the affidavit Minola was
released from custody, and the following day she repudiated
the affidavit.
She deelared that her husband had told a "pack of lies"
on her T and that the detective* bullied and browbeat her nu-
lil in sheer desperation she agreed to sign any paper they
might fix up for her
58
Visit: www.LeoFrank.org
MRS. LUOILE FRANK.
w
Visit: www.LeoFrank.org
Tlie arrest of the cook brought forth the first statement
from Mrs. Eracile Selig Frank, wife of the moused, and daugh
ter of one of the most prominent Jews in the South.
In her statement she flayed the solicitor general and the
detectives in no uncertain terms. She said:
"The action of the solicitor general in arresting and im
prisoning our family cook because she would not voluntarily
make a false statement against my innocent husband, brings
a limit to patience. This wrung is not chargeable to a detec-
tive acting under the neeesity of shicldng his own reputaton
against attaei in newspapers, but of an intelligent, trained
lawyer, whose sworn duty is as much to protect tin* innocent
as to punish the guilty. My information is that this solicitor
has admitted that najfrrinic is charged against this cook and
that he had no legal rigkt to have her arrested and imprisoned.
"Tlie following statement from The Atlanta Journal under-
takes to give tlie history of the arrest up to the tim* tin* wom-
an was carried to the police station in the patrol wagon, weep-
ing and shouting in a hysterical condition:
4 The nagreaa was arrested at the Selig residence shortly
alter noon Monday upon the order of Solicitor General Hugh
M. Dorsey.
'She was earned to the solicitor \s office and that official
with Detectives Starne* and Campbell examined her for more
than an hour. The woman grew hysterical during the vigor-
ous examination, and finally was led from the solicitors office
to the police patrol, weeping and shouting: I am going to
bang ami don't know a tiling about it/
"They tortured her for four hours with the well-known
third degree process, in the niamuT and with the result, stated
in Tlie Atlanta Constitution of June 4, as follows:
'Her husband, who was also carried to the police station
at noon, was freed a short while before his wife left the prison,
lie was preset during the third degree of four hours, under
whieh she was placed in the afternoon. He is said to have
declared, even in the presence of his wife, that she had told
conflicting stories of Frank s conduct on the tragedy date,
'After she had been quizzed fcd a point of exhaustion, See*
retary 0. C. Febuary. attached to Chief Lanford's ofliee, was
summoned to note her statement in full.
l It was the longest statement made by the woman since
her connection with the mystery. It will be used, probably,
in the trial. The negress was ealrn and composed upon cmerg
ing from the examination/
60
Visit: www.LeoFrank.org
"That the solicitor, sworn to maintain the law, should thus
falsely arrest one against whom ho has no charge and whom
he does not even suspect, and torture her contrary to the
law«. to force her to give evidence tending to swear away the
life of an innocent man, ia beyond belief.
"Where will this end? My husband and my family and
myself are the innocent sufferers now, but who wi'l he the next
to suffer? I suppose the witnesses tortured will be confined
to the class who are not able io employ lawyers to rwlieve tbem
from the tortur,. in time to prevent their being forced to
give false affidavits, but the lives sworn away may come from
any class.
"It will be noted that the plan is to apply the torture un-
til the desired affidavit is \mmg from the sufferer. Then
it ends, but not before.
"It is to be hoped that m> person can be convicted of mur-
der in any civilized country on evidence wrung from \vitn»
by torture. Why. then, <lo<*s the solicitor continue to apply
the third degree to produce testimony? How does he hope
to pet the jury to believe i t V He can have only one hope, and
that is to kaep the jury from knowing the methods to which
he has resorted.
"Of course, if he can torture witnesses into giving the kind
of evidence he wants against my innocent husband in this case,
he can torture them into giving evidence against any other
man in the community in either this or any other case. I can
only 0»e hope. And that is. to let the public know exactly
what this officer of the law is doing, and trust, as I do trust.
to the sense of fairness and justice of the people.
"It is not surprising that my eotik should sign an affidavit
to relieve herself from torture that had been applied to fret"
for four hours, according to The Atlanta Constitution, Mo a
point of exhaustion/ It would be surprising if she would
not, under such circumstances, give an affidavit,
"This torturing process can be used to produce testimony
to be published in the newspapers to prejudice the case of
anyone the solicitor sees tit to accuse. It is also valuable lo
prevent anyone stating facts favorable to the accused, because
as soon as the solicitor finds it out he can arrest the wiu
and apply the torture. It is hard to believe that practices of
ibis nature will be countenanced anywhere in the world, out-
side of Russia,
61
Visit: www.LeoFrank.org
My husband was at home for lunch and in the evening at
the hours he has stated # on the day of the murder. Ho spent
the whole of Saturday evening and night in my company.
Neither on Saturday, nor Saturday night, nor on Sunday., nor
..at any other time, did my husband by word or act, or in any
other way, demean himself otherwise than as an innocent man
lie did nothing unusual and nothing to arouse the slight e*i
suspicion. T know him to be innocent. There is no cvidin <
L against him. except that which is produced by torture. Of
course, evidence of this kind can be produced against any
human being in the world.
"I have been compelled to endure without fault, either on
the part of my husband or myself, more than it falls to the
lot of most women to bear. Slanders have been circulated in
the community to the effect that my husband and myself wen
not happily married, and Q.vvry conceivable rumor has been
put afloat that would do him and me harm with the public, in
spite of the fact that all our friends are aware that (hose
statements are false, and all his friends, and myself, know
that my husband is a man actuated by lofty ideals that for-
bid his committing: the crime that the detectives and the so-
licitor are seeking to fasten upon him.
„ u l know my husband is innocent, No man could make the
good husband to a woman that he has been to me and be a
criminal. All his acquaintances know he is innocent. Ask
every man that knows him and sec if you am find one that
will believe he is guilty. If lie were guilty, does it not se**m
reasonable that you could find some ffle who knows Mm that
will say be believes him guilty?
" Being n woman. I do not understand the tricks and arts
of detectives and prosecuting officers, but 1 do know Dep
Frank, and his friends know him : and 1 know and his friends
know that he is utterly incapable of committing the crime
that these detectives and this SDvicitor are seeking to fasten
upon him. Respectfully yours,
"MBS, LEO VL FRANK/'
This was the tirst occasion in which the wife of the man
charged with the brutal murder of the 'Htle factory girl, bad
figured at all prominently in the case. Despite the fact that
at the trial fcjus solicitor asserted that she did not go near
her husband for two weeks after his incarceration, it is known
by the writer that she appealed at police headquarters the
day he was vi detained.' ' Friends persuaded her to leave with
m
Visit: www.LeoFrank.org
■
out seeing lier husband, who at (he time was surrounded by
lit :\\ spaper men and d< doctives. She did not go to the Tower
for two weeks as fhii'inur that time the newspaper camera
brigade waited in front of the place for her to appear.
.Mrs. Frank's statement brought: this reply From the solicitor:
*'! have rend the statement printed in the Atlanta news-
papers over the signature of Mrs. Leo M. Frank, and T have
Qoly to say, without in any wise taking issue with her prem-
as I might, thai, the wife of a man accused of crime
would probably be the lasi person to learn all of the facts
establishing bis guilt, aria certainly would be the last person
to admit his culpability, oven though proved by overwhelming
evidence to the satisfaction of every impartial citizen beyond
the possihi'ity of reasonable doubt.
'Since the discovery of this erime I have rigidly adhered
fro my consistent policy of refraining' from newspaper inter-
views or statements with relation to the evidence upon which
the state must depend to convict and punish the perpetrator
of the crime, and it is my purpose to adhere steadfastly to
this policy, submitting to the jury of Fulton county citizens,
to be selected under the fair provision of the law, the evidence
upnn which, alone, conviction or acquittal must ^depend.
"A bill of indictment has been found by the grand jury,
composed of impartial and respected citizens of this commun-
ity, and as solicitor general of this circuit, charged with the
duty of aiding in the enforcement of our laws by the prose-
cuting of those indicted for vio'ating the law, I welcome all
evidence from any source that will aid an impartial jury, un-
der the charge of the court, in determining the guilt or inno-
cence of the accused.
"Perhaps the most unpleasant feature incident to the posi-
tion of prosecuting attorney arises from the fact that punish-
ment of the guilty inevitably brings suffering to relations who
are innocent of participation in the crime, but who must share
rhe humiliation flowing from its exposure.
''This, however, Is an evil attendant upon crime, and the
court and their officers cannot allow their sympathies for the
hmpcent to retard the vtgoronr. prosecution of those indicted
for the commission of crime, for were it otherwise, sentiment,
and not justice, would dominate the administration of our
laws:. HUGH M. DORSET."
63
Visit: www.LeoFrank.org
While a! the time there was considerable sentiment against
the gdieitor and the detectives, they r without their
hackers. Especial!;. ><irs>*>y landed for his 'stand by the
>ring people of the eity and of the state. The popular
tally among the working people, continued to
gmw against Krauk. It was idtar^ed that ih- newspapers of
Atlanta, because of the insist sei-s, w
giving the tair deal in the ea -
Tremendous influences were undoubtedly brought to bear
in favor of the accused man, hut every move on the part of
his friends seemed only to add to the sHUiiuenl against him.
Sentiment bj this time w nized as a powerful factor
io the ease.
The next sensation j n tin- cast- eame when Luther Z. H
Frank's counsel, and <* man of few words except in the eouri
room denounced Chief Lanford as insincere in his mandumi.
and openly he charged the crime to dim Conle-y.
CHAPTER XIIL
Plants Charged to Frank
About the middle nf June both sides commenced making
t Frank's trial, and it was even then a
^s that it would l>e the ttoulh's greatest legal battle.
•liritor General Dorscy announced that he had retained
Prank A. Hooper *»> nmiki him in the prosecution. Pelder
had dropped out of the case after the dictograph incident.
Hooper was a recent comer in Atlanta and had never been
pitted against the eity i# big" lawyers. However, he was for
twelve years the solicitor o! the Southwestern Circuit, and
had made quite a reputation. f u ability had been rec-
ognized a year before, whm In ■ nted Mrs. Daisy <ji
who was defended by John \V. Monre and by Rosser. Al-
though he lost the bandied it in a masterly manner.
64
Visit: www.LeoFrank.org
Reuben R. Arnold, probably the South *k greatest criminal
lawyer, was retained to assist in the defense. It is said that
his fee was $12,500, Rosier remained as leading counsel and
is alleged to have revived a fee of $15,000.
The trial was originally set on the superior court calendar
for June 30th, but on Jam* 24th Judge U 6. Roan called the
attorneys before him and frankly told ihem that he had prom-
ised to go to the seashore with Mrs. Roan during the first
k in July, and suggested postponing tin- case. Both sides
said they were ready (although they were not), but agr
after some discussion to a postponement, and the date of July
28th was fixed for the trial.
The defense by this time had let it be known that its theory
of the ease was that. Touley hud kilted the giri on the first
floor and chueked her down the seui.f e hole. To bea* out
this theory a more or less important diseoverey is alleged to
have been made.
On May the 10th, L. P. MrWorth and a man named White-
field, both Pinkerton operatives, who have since been dis-
charged, were making a search of the factory. On the first
floor near the point Jim Con ley claims he sat and waited for
Frank's call, they found the corner of a pay envelope, bear-
ing the name Mary Phagan, and the parts of two numerals
Also they found a bludgeon, with stains, which looked like
blood, on it. Near the scuttle hole alleged blood stains had
been found before,, and near the point where the part of a
pay slip was found were several pieces of twine, knotted just
like those found around Mary Phagan's neck.
The finds were made during the absence from the city of
Harry Scott, field chief of the Pinkertons during the investi-
gation. Reports were made at once to the defense, but not
a word was said about the matler to the city police, to whom
the Pinkertons had faithfully promised to make reports be
lore they made them to the defense.
On the return of KeoTf to the eily he learned that the ;
envelope, but nothing more, had been found, and he imme-
diately informed the city pol;
The fact did not become public for some weeks, but when
it was learned that the envelope had been found Chief Lim-
iord dismissed it with the cry plant, declaring that his men
had searched the factory from top to bottom and would have
found it had it been in the place the first few days after
Mary Phagan was murdered. The place had be«-n thoroughly
cleaned, in addition, he said, by the factory officials
65
Visit: www.LeoFrank.org
A week ft? two after the pan of a pay envelope was found,
finger i>rint experts examined it, but after they had used a'i
known methods announced that they were unable to find any
trace of a finger print on it.
It was several weeks later that it became known that the
bludgeon was a! vered near the place where Conley ad^
mitted lying in wait,
thief Lanford declared that he was in ignorance of the
discovery of the b\»d**eon. but it was also dismissed as a plant
Lanford severely criticized H. B Tierce, superintendent of
the Pinkertou agency for not acquainting the eity official*
the alleged find. Before the trial eomjnenced Pierce had left
the city and the Pinkertons have now discharged \uml The
rtions of the eity detectives that evidence was being
planted caused another wave of sentiment against Prank,
There was one other development of import a net.- before the
trial. W. H. Mincey, an insur her.
made an affidavit to the defense that on Saturday, April 26th t
Conley confessed to him that he had murdered a girl that
morning,
Mr sorted that late in the afternoon he was at the
corner of Electric avenue and Carter streets, near the home
of Conley, when he approached the black, asking that he
take an insurance policy.
The negro to!d him, he said, to go along, that he was in
trouble.
Asked what his trouble was, Mincey swore that
q had killed a girl.
"You are Jack the ripper r are you?" said Mine.
"Vo." he says Conley replied, "I killed a white girl and
o better go along or I will kill you.*'
After some words, Mine* tie left the be'iggerent it"
gro. The 8ubatano€ aley'fl affidavit became public only
u short time before the trial commenced* and while Mir
was teaching school at Rising Fawn, in North Georgia.
Chief Lanford remembered that Mincey had called at
dquarters while Conley was making one of his sensa-
tional statements and asked io see him on the pretext
he wanted to identify a drunken negro he had seen tin-
urday of the tragedy. He mad- no intimation then, the o
looking at Conley said that
he could not identify him.
Visit: www.LeoFrank.org
It suffices to say that Mincey, although brought to Atlanta
on a subpoena, was never called upon by the defense to take
the witness stand.
It is said that Dorsey was "loaded for him" and had twen-
ty-five witnesses who would try to impeach him.
- Mincey, it is said, has written several books on "mind
reading 1 ' and the solicitor had copies of the books, ready to
use them in his cross examination.
The general value of expert testimony is shown by an inci-
dent of the case. Jim Conley had never admitted writing but
one of the notes, so the solicitor continued to have both of
them examined by experts. Six so-called experts were ready
to go on the witness stand and swear that Frank, not Conley f
had written both notes. Finally, in desperation, Dorsey took
them to New York, where one of the country's best known
experts declared that Jim Conley wrote both of them. On
his return the solicitor forced the confession from the negro
that he did write both notes.
CHAPTER XIV.
South 's Greatest Legal Battle.
In anticipation of the great legal battle to come, a crowd
began to collect in front of the court bouse shortly after day-
light on the morning of Monday. July 26, At 8 o'clock, an
hour before time set for the opening of court, the intersec-
tion of Hunter and Pryor streets was black with people.. It
was with the greutestdifficulty that a squad of police, abetted
with a corps of deputy sheriffs, kept the thoroughfares open
to traffic. Occasionally a car would grind up to the corner
and stop whi'e the human mass grudgingly opened and let
it by. Hundreds surged through the entrance of the red
building and up the single short flight of stairs to the door
of the room in which the trial was to be held.
Inside, a. dozen electric fans and i\ number of ozonators
had been installed to keep the air pure and the atmosphere
as cool as possible through the long, hot days to come.
6q
Visit: www.LeoFrank.org
Benches had replaced the chair* and the -seating capacity had
been increased to two hundred and fifty.
Only talesmen, attorneys, newspaper men. intimate friends
of the prisoner and a few spectators were admitted. The wit-
nesses summoned 1>y the state, who numbered over one hun-
dred, were assigned to a court room on the second floor to
wait until they were railed to testify. Among them were
scores of factory girls, heads of departments, policemen and
others who had knowledge of some phase of the case.
Prank was brought from his cell in the Pulton county jail
shortly before 7 o'clock. Tie was met by hip mother, Mrs.
Rae Prank, and his wife upon his arrival and spent the inter-
vening' hours until court convened chatting with them and
other relatives. He appeared glad that his long wait in jail
waa at an end. He remarked that he expected an acquittal.
He was led into the courtroom shortly before 9 o'*c!oek <and
chose a seat directly in front of the judge's rostrum. Hi*
mother and his wife were seated on either side of him.
A few minutes later Attorney Luther Z. Rosser, Reuben R.
Arnold and Herbert Haas arrived. They were followed by a
do2en assistants carrying documents and books of law. So-
licitor General Hugh 51 Doreey, bifl special assistant, Prank
A. Hooper, and Assistant Solicitor A, R Stephens, were the
last of the lawyers to appear.
Immediately upon his arrival, Mr. Arnold, on behalf of the
defense, announced that he waa ready to proceed with the
trial. Solicitor Dorsey stood ready to vigorously oppose a
motion for a delay,
Prompaly at 9 o'clock Judge L. 6* Roan mounted the bench.
Sheriff Mangum and Chief Deputy Plennle Miner rapped for
order and the hubbub in the audience ceased. A hush fell
over the room. The famous trial had begun.
The clerk of eourt began calling the names of the venr
men. This completed, eight panels of twe've each were or-
ganized from the 144 talesmen summoned. One at a time
various squads marched into the jury box for the purpose of
presenting excuses if they had any to offer. Several were
dismissed by the court on various grounds.
After this formality, Judge Roan instructed Solicitor Dorsey
to call the names of the witnesses. They were brought d<
from their room upstairs and responded to roll call. Only tiu*
names of twent ft$ actual material state witnesses •
68
Visit: www.LeoFrank.org
called. Solicitor Dorsey announced that lie had summoned
many others, whose names he would announce later.
He then called these: J. W. Coleman, stepfather of the
murdered girl; Mrs. J. W. Coleman, the mother of Mary Pha-
gan; George W. Epps. a newsboy: Police Sergeant L. S. Dobba,
City Detective L. S. Starnes. W. W. Rogers, a court bailiff;
City Detective John Black, Miss Grace Hicks, L. M. Gantt,
Pinkerton Detective Harry Scott, City Detective B. B. Has-
lett, E. P. Holloway, Iff. B. Dartev, William A. Geesling, Dr.
Claude Smith, eity bacteriologist ; Dr. J. W. Hurt, coroner's
physician: Dr. tT. F. Harris, president of the state board of
health, E. L. Parry, E. S. Smith, Miss Monteeu Stover, Albert
McKnight, colored; Minola McKnight, colored; Miss Helen
Ferguson,, Mm Arthur White, L, Stanford.
Three of the list did not answer. One was Detective Has-
lett, who was announced to appear later. Another was Albert
McKnight, negro, husband of Minola McKnight, who is cook
at the Selig and Frank home. An attachment was issued for
the negro. L. Stanford, the third witness who did not an-
swer, it was stated, lias received a subpoenn to appear in court
Tuesday.
The name of James Conley, confessed accomplice to the hid-
ing of the body, was not called. Solicitor Dorsey annonuced,
however, that he had not abandoned his intention of calling
him to the stand.
At the instruction of Judge Roan, the defense then called
the names of the following witnesses, all of whom responded :
F. Rcgidly, Annie Hixon. Mrs. Levy, Mrs, Josephine Selig.
Emil Selig, H J. Hensey, R. II. Haas* W. H. Mincey wbo did
not answer; J. T. Speer. E, F. Skipper, who did not answer;
E. L. Sentell, Mae Barrett, C. H. Carson. Mrs. Rebecca Car*
son, Harry Denham, Harry Gotlheimer, Miss Corinthia Hall.
Miss Hattie Hall. Mary Rurke, "Lemime Quinn, Herbert J.
Schiff, Mia Thomas. 0. B. Gilbert. Frank Payne, Eula Flow-
ers .Alonzo Mann, -Joseph Stegar. Ike Strauss, J, C. Loeb, L.
J. Cohen, Emma Bibb, Mrs. Bessie White. Joe Williams, Wade
Campbell, William McKinley, J. E. Lyons. Dora Lavender.
M. 0. Nix, Jerome Michael, Mrs. M. G. Michael, George W,
Parrott, Mrs. M. W, Myer, Rabbi Marx, William Taylor. Mrs.
Beatrice Taylor, Fred Weller. Mr. and Mrs. Charles Eisen-
bach, Carl Wolfsheimer, Ed Montag, J. D. Fleming, T. T.
Brant, Flossie Shields. Dora Small, Mrs. R. Freeman, Charles
Leak, Mrs. Ike Strauss, Mrs. T. J. Cohen, Milton H. Cleveland,
69
Visit: www.LeoFrank.org
Julia Fuss, Walter Pride T J. C. Matthews, W, B. Bowen, M.
W. Meyer, A. E. Meyer. A. E. Marcus and Mrs. Marcus, A. E.
Haas, Ike Haas, Leonard Haas, Leopold Haas, William Mon-
tag T Ike Hirshberg. A. B Levi, Burt Kauffmann, Robert
Schwa, Otto Schwab, William RosenfiVd, Sidney Levi, Louis
Elsas, J. C. Gerschon. George Gerschon, Walter Rich, B. Wil-
claoer, Sidney Levi, Sol Samuels and Arthur Heyman.
At 10:40 o'clock the first panel was called into court for
examination. The twelve men took their seats hi the jury
box and Solicitor Dorsey asked the usual formal questions of
each:
"Are you or your wives related by blood or marriage to
the defendant, deceased or prosecutor!"
"Have you from having seen the crime committed or hav-
ing heard any of the testimony delivered on oath, formed or
expressed any opinion as to guilt or innocence of the prisoner
at the barT
"Have you any prejudice orbias resting on your mind either
for or against the defendant!
"Is your mind perfectly impartial as between the state and
the aceusedT
"Are you conscientiously opposed to capital punishment?'*
As each venireman qualified under those questions, the so-
licitor would proceed with the usual legal formula, announc-
ing "competent," and directing "Juror, look on prisoner.
Prisoner, look on juror.*'
Each member of the first panel was excused for cause or
by peremptory -challenges. The second and third pane's were
more fruitful, however, each netting four jurors, A. H Hens-
lee had the distinction of being the first "peer" chosen. He
was passed by both sides at 11:40 o'clock.
At 1:15 o'clock eleven jurors had been selected from the
various squads of talesmen that were examined in quick suc-
cession. The rapidity with which the box had been filled sur-
prised everyone. As one after another the members of the
eight and last panel expressed bias and prejudice, or declared
that they already had a fixed opinion, it was feared, however,
that it wou'd be necessary to summon another venire of tales-
men before the jury would he completed. The last man called,
C. J. Bosshardt, was accepted. He was the 144th talesman
and had he been disqualified it would have delayed the trial
several hours.
70
Visit: www.LeoFrank.org
The twelve men selected to decide Frank's fate were: H.
Johenning, W. S. Woodward, J. T. Ozburn, A. H. Henslee, F.
V- L. Smith, J, % Higdon, Deder Townsend, W. S. Metcalf,
F. E. Winburn, A, L. Wisbey, Chas. J, Bosshardt, and W. M.
Jeffries. All except Bosshardt were married.
At 1 :30 o'clock Judge Roan ordered a recess until 3 o'clock.
Frank ate the first of a series of dinners in the an te-eh am-
ber in the rear of the court room. With him were his wife
and mother and friends. At noon he seemed cheerful and de-
clared that he was glad the tedious work of getting a jury
was over.
The jury, which had lunched in a down-town restaurant,
was returned to the court room at 3 o'clock and five minutes
later Mrs, J. W, Coleman, mother of the slain girl, was called
to the staitd. She was the first of the scores of witnesses who
testified at the trial. As she stepped upon the p'atform and
seated herself in the witness chair a hush fell upon the court-
room. It was the first of many dramatic scenes of the trial.
She was clothed in deep black.
Talking slowly and in a voice that could scarcely be heard
beyond the jury box, Mrs. Coleman, in answer to question put
by the solicitor, told of last seeing her little daughter. Mary
had helped her with the house work on the morning of Sat-
urday, April 26, she said, and after partaking of a meal of
cabbage and biscuits, had left home at 11:50 o'clock with the
intention of going to the pencil factory to draw the $1.20
due her for two days work.
At the time, litt'e significance was attached to the testi-
mony relating to the food the girl had partaken of. Later,
this point formed one of the most vital issues of the whole
ease beeause the contents of the stomach of the girl were used
by the state to prove that she had been murdered within an
hour after eating.
Mrs. Coleman broke down on the stand and sobbed when
called upon to identify clothes worn by her daughter. She
regained her composure to such an extent that she was able
to answer a few immaterial questions asked by defense law-
yers, however.
George Epps, a play*inate of the victim of the murder and
one of the last people to see her alive, was the second witness
caKed by the state in forging its chain of evidence. He told
of riding to Forsyth and Marietta streets with the little girl
71
Visit: www. j
ai 1 leaving her five minutes before she entered the pencil
factory, It was agreed between them that they were to meet
at 2 o'clock to view the Memorial day parade. She did not
keep the appointment, the lad testified,
Old Newt Lee followed the boy to the stand. For two hours
Monday afternoon he withstood tin- grill of Luther Z. Rosser,
at no time becoming eon fused or perturbed, and when court
convened again Tuesday morning he remained in the witness
chair under the merciless fire of questions ibree hours. IL-
left the stand, his story unshaken, In quaint negro dialect,
he described the finding of the body, told of ea'ling the po-
lice, of meeting Frank rubbing his hands in tin* pencil fac-
tory on the afternoon of the murder. He was Taken over
and over his story several times but avoided w^ry trap laid
for him by the shrewd ctosa examiner of the defence,
'All I want is a eliew of 'bacca— any kind," was his re-
quest when he was led out of this courtroom. ITis comment
on Luther Rosser was: ■*He 1 9 purty terrible. He sorter
wants yo uto say things jes his wav But 1 was dere to tell
de trul, an' 1 tol' it."
At adjournment Tuesday the state had laid the foundation
for its ease against the young factory superintendent. They
had proved that she left home at 11 :50 o'clock and introduced
witnesses to show that she arrived at Forsyth and Marietta
streets at 12:07 O'clock, or a few minutes before that Uw\
They introduced witnesses to show that she went toward the
pencil factory and that she probably never left the building,
inasmuch as she never returned home and failed to keep Infer
appointments.
Several of the policemen who answered the first call od
Newt Lee and went to the pencil factory and others who knew
of the first steps in the investigation of the officials, were called
and told of the finding, the position and appearance of the
body when they viewed it and the surroundings.
During the fore part of the trial. Leo IT. Frank's expres-
sion of quiet confidence surprised every one that saw him.
He sat between his wife and his mother* both of whose fa
were passive and emotionless, for the most part, with his arms
crossed and his gaze Entered on the jurv. the witness stand
or one of the attorneys. He spoke little. His manner was iu>t
that of indifference Apparently be analyzed every piece of
testimony entered against him and he seemed to comprehend
all the legal questions that arose.
72
Visit: www.LeoFrank.org
''Nerves" evidently were uoi in his make-up. He was
calm, cool and appeased sure of himself and his cause. He-
displayed no more anxiety than any of the spectators. As he
sat, a few feet from the judge's stand at the left of his attor-
neys, friends and relatives clustered behind him, he seemed
the smallest man in the long, wide room. The jurymen in
the box almost towered above him. He could just see the
judge over the top of the rostrum.
He was attired in a blue mohair suit and wore nose glasses
which he wiped on his handkerchief occasionally. He was al-
most boyish in appearance. But his bearing had a firmness
and determination which proved his years.
Xever onee during the long days to come did he exhibit
any more feeling than on the first two days of the trial. His
manner was the same in victory as in defeat. The spectators
might complain of the heat, the lawyers of long hours and
hard work, the bailies of difficulty in handling the crowds that
stormed the court room, but Frank was the same every day
and every hour of the day. He passed the time of day with
a few of the newpaper men with whom he had come in con-
Lsct in the first few days following his arrest before be en-
tered into his three months' silence in the Tower. Further
that that he would not tro with reporters, and his wish was
respected,
Every morning iu the jail be was up at 7 o'clock, took a
bath and les-s than half an hour later accompanied Sheriff
Mangum to the court house lie was known as the most obe*
dient prisoner in the jail. So great was the confidence of the
eounty officers in him that he never was handcuffed on the
rides from jail to court and court to jail. He was permitted
unusual freedom about the court room and never once did he
violate an admonition of a guardian.
Sheriff Mangum said of him: "He is the best prisoner 1
ever had. He does everything I tell him.**
He ate hi*, breakfast, in tract all of his meals with the ex-
ception of dinner in the evening, iu an ante-room. In the
mornings and at noons he always entertained from half a
dozen to a score of friends. Among them were many of the
prominent, men of the city. The manner in which his acquain-
tances clung to him through his many hours of need was one
of the features of the whole case. And all believed in his in-
nooence, TTis employers, the men he worked with in the fae-
13
Visit: www.LeoFn
tory, scores of women subordinates, all hotly proclaimed that
he was a victim of circumstances and did not have the blood
of Mary Phagan on his hands.
Even the charge of moral perversion which was brought
against hi mduring the trial did not 1 shake this confidence.
Witnosees who accused him of improper relations with women
employees of the factory were termed perjurers and women
who late in the trial testified that he was not of good charac-
ter were described by one of the accused man's friends as
fanatics.
CHAPTER XV.
The State's OhaiiL
Wednesday morning Solicitor Dorsey began to forge his
chain of circumstantial evidence around the prisoner. R. P.
Barrett, a machinist employed in the metal room where Mary
Phagan was employed, told of his finding blood spots near
the water cooler in this room and several strands of hair wrap-
ped around the handle of a lathe several feet away. He said
that the spots were smeared over with a white substance
known as hascolene which is used on an eyelet machine. He
found a brdom near by which he said from its appearance
looked as if it had been used to spread the fluid over the floor
and conceal the blood.
This was one of the most vital bits of testimony introduced
by the state. On it the whole theory of the murder was based
^-that Frank enticed his victim back into the metal room
when she entered his office to get her pay and killed her when
she refused to submit to his abuse. Barrett was later corrob-
orated by James Conley, who said he dropped the body of
the little girl on the spot where blood was found, when he
carried her from the second floor to the basement at Frank's
direction. Barett also told of finding a portion of a pay en-
velope on the floor on the Monday morning after the murder.
H
Visit: www.LeoFrank.org
His testimony was vigorously attacked by the defense when
it opened its case and by Attorneys Bosser and Arnold in
their closing argument. They sought to show that he was
over-anxious to find evidence. Attorney Arnold referred to
hini as "Christopher Columbus Barrett.*' His story was un-
shaken, however, and apparently was believed by the jury.
Sergeant L. S. Dobba, one of the party which was first led
to the dead girl's side on the morning of the discovery of the
body, told of the marts of dragging on the basement floor.
The* defense sought to show on cross examination that the
distinct track did not begin at the elevator but a few feet
away at the foot of the ladded leading from the scuttle hole
in the first floor. Sergeant Dobbs, testimony was to the effect
that indications of the dragging of the body began at the
gide of the elevator pit.
City Detective J. N. Staines, formal prosecutor of the ease,
was cal'ed'by the solicitor to testify to many important facts
regarding the investigation of the city police. He told of
Newt Lee's re-enacting in pantomime the discovery of the
body and declared that he was satisfied that the story told of
the discovery of the body by the negro was true. The sleuth
testified that on the morning after the discovery of the body
Prank walked into the office of the pencil afctory and re-
marked to General Manager Darley, "You see I've got an-
other suit.' 1 This remark, the witnes testified, was later
viewed by the police as significant inasmuch as the prisoner,
who was at that time not suspected of the murder, called at-
tention to a change of clothes on the day following the ki ling.
Starnes testified that on Sunday morning Frank was ner-
vous and ^trembly," He also described the blood spots on
the floor of the metal room and swore that fifty feet from the
elevator he found more blood on the head of a nail. He identi-
fied the chips containing the alleged blood spots, which had
been chiseled up from the floor.
Fremient wrangles marked the first few days of the case.
Legil points were constantly under debate and severs, times
during the fixst week as well as later m the trial the jury
wan ezcused. One of these wrangles occurred on the after-
«™« ft f Tnesdav July 29. Solicitor Dorsey sought to intro-
Suee i «££' digram of the pencil faetory bearing a
dX"linlto^g th/route Conley ass erted he took m car-
rvinix the body from the metal room to the basement. The
dkeLe irenuUb objected to the introductoin of this m •»
\s
deuce, complaining principally about the key explaining the
drawing. For an hour the four lawyers addressed the court
for and against the introduction of this in evidence. It finally
was allowed after the objectionable key had been removed. "
Wednesday "Boots' 1 Rogers declared that Prank was "ex-
tremely nervous" on the morning of April 27 when he dry v.
to his home in an automobile with City Detective John Black
to bring the superintendent to the .scene of the crime. II*'
said that Frank rubbed his hands continually, paeed the floor
anxiously and asked abrupt questions.
The state sought to prove that Frank avoided looking on
the face of the dead girl at the undertaking parlors. Rogers
testified that the superintendent, when he arrived at the un-
dertaking parlors, passed on through the room in which the
body lay into another. lie could not swear positively, how-
ever, that Frank did not see the corpse. Other witnesses called
by the state corroborated Rogers. They were contradicted la-
ter by Frank in his statement to the jury, the defendant
maintaining that he saw the girl's faee mt only once, hi it
twice on Sunday, April 27.
Miss Grace Hix ; sister-in-law of Rogers, who first identities
the body, told of her trip to the morgue on the morning after
the murder. The defense gained a point by an admission from
her that the girls in the metal room frequently combed their
hair over their machines and that there was a gas jet a few
feet from the latin* im which Barrett discovered the strands
of hair supposed to have been Mary Phagan's. The girl also
testified that paint was kept in an adjoining room. She said,
however, that she had neter seen any spilled on the floor of
the metal room.
City Detective John Black oeeupi.-d the stand several hours,
lie was subjected to <>nr of the most merciless grilling*! of
the entire ease at the hands of Attorney Ross.t. The methods
of the police department were held up fur criticism aud ruli-
cole by the attorney ami once or twice, under the fierce er
examination, IV.ack appeared confused. Once he admitted
that he was muddled as to his facts.
Black corroborated Rogers, Starnes and other witnesses who
testified Irauk was nervous on the morning he was brought
to the undertaking parlors and later to the factory. He also
eonfirmed the testimony of Detective Starnes regarding later
investigations of the poliee. Through him Solicitor Doraey
brought out the fact that the finding *>! the bloody club and
n
Visit: www.LeoFrank.org
supposed spots on the tiooi near the scuttle hole leading to
the basement had never been reported to the police by the
Pinkerton agency, although the information had been p\a
in the hands of the defense attorneys.
He testified also that Prank and others connected with the
pencil factory had withheld from the police the information
that Conley could write, although they attempted, the wit:
declared lie believed, to divert suspicion toward others.
During the cross-examination Attorney Rosser asked the de-
tective about the bloody shirt that had been found at N
Lee's house in a search instituted by the police. Black identi-
fied the shirt, which was exhibited to the witness at the request
of the defense, as one which he found in the bottom of a bar-
rel at the negro's home.
A stiff legal tilt followed the attempt of the defense to in-
troduce testimony relating to tin* shirt. Solicitor Dorsey de-
dared to the court that the state contended the shirt was a
plant. Later in the trial he intimated that Frank had gone to
the home of the nightwatchman on the Sunday following the
murder and hidden the shirt.
Dorsey brought out the point that the blood was on both
sides o fthe shirt, in the examination of Black. He contended
that it would have been impossible for it to get on the gar-
ment in this manner if the garment were worn.
Detective Harry Scott, of the Pinkerton Agency, which was
retained on the cam by the pencil factory company at the insti-
gation of Prank, took the stand on the morning of July 81,
He told of his visit to the factory on the Monday after the
murder and of being shown over the factory by the man
against whom he later helped to gather evidence, Among oth-
er features which the solicitor attempted to prove through this
witness was the fact that Frank had attempted to direct sus-
picion toward Gantt, In reply to a question put by the solici-
tor the witness replied that Prank had not told him that
(Jantt was acquainted with the murdered */ir\ when he
employed at the factory. Dorsey declared that he had I
misled by the witness on this proposition when the defense
attorneys objected to his attempting to bring this point our
Attorney Kosser contended that the prosecutor would have to
declare to the court that he had been entrapped by the wit-
ness before he conld pursue this line of questioning, Dorsey
refused to make the allegation but was later allowed to put
the queries.
77
Visit: www.LeoFrank.org
The intimation that he had been giulty of reticience brought
a sharp retort from Detective Scott. From the stand he de-
manded to know of the so icitor if he thought he was holding
back information. The state's representative declared that
he did not but contended that the detective had forgotten this
detail. He then asked Seott : "Was any suggestion made to
you subsequent to your employment about the withholding
of evidence V
Scott replied: "About the first week in May, Mr. Pierce
and I went to the office of Herbert J, Haas, attorney for Frank,
to hold a conference relative to the Pinkerton's position in tke
investigation. I told him that there was strong suspicion
against Frank/'
The last sentence was ruled out.
"After a conversation, Mr, Haas said that he would rather
we would submit our reports to him before we did to the po-
lice. We told him we would get out of the case before w*-
would do that/'
Thursday afternoon, the fourth day of the trial, sevreal
surprises were sprung. Mel Stanford, a youthful employee of
the factory, testified that he had swept the floor o the metal
room on the Friday preceding the murder and that the blood
spots nor haseolene were on the floor then. He said that h**
had seen spots of various colors on the floor of the factory at
different times but that never had he seen one of the same
color and appearance as those presumed to have been the
blood of Mary Phagan on the floor of the metal room. A vig-
orous cross-examination at the hands of Luther Z, Rosser failed
to shake his statement.
Dr. Claude Smith, city bacteriologist, identified the chips
taken from the floor of the metal room and declared that on
one of them he had discovered blood corpuscles. The defense
brought out in cross-examining him that the corpuscles could
have been there for several months or possibly several years
if not disturbed.
William A. Ghes'ing, embalmer employed at the parlors of
P. J. Bloomfield, declared that Mary Phagan had been dead
from twelve to fifteen hours when he removed it from its hid-
ing place in the pencil factory basement. The blood had set-
tled and rigor mortis had begun. He told of embalming the
remains and of examinations of the wounds on the body he
had made.
78
Visit: www.LeoFrank.org
E. F. Holloway, day watchman at the factory, was accused
by the solicitor of having entrapped him when he testified that
he had left the swtieh box which controlled the motor of the
elevator unlocked on this day of the murder. This was in di-
rect contradiction to the state's theory of the murder.
Solicitor Dorsey's contention was that after Frank had call-
ed Ctmfay to help him dispose of the body he went to the office
and got the key of the receptacle before he could start the
machinery.
Holloway declared that he had left the building about noon
Saturday and that he used the motor, which also was geared
to a circular saw. to cut two boards for Arthur White and
Denham, who were working on the fourth floor of the factory.
He said that after he had finished this work he placed the
hoards on the elevator and started it to the fourth floor.
Solicitor Dorsey produced an affidavit made several weeks
before by the witness in the presence of (several people. In
this document Tlolloway declared that he had left the elevator
locked when be started for home. The witness did not deny
the affidavit but he declared at the time of making it he had
forgotten sawing the planks. Deeper consideration o ft he
matter had caused him to remember the incident, he asserted.
Didn't you tell a Pinkerton detective on May 9 to come
around next day and he might find some evidence V 1 was one
of the many questions asked this witness hy the solicitor,
"I did not," was the reply.
On May 10 Detective MeWorth of the Pinkertons found
the alleged blood spots, the bludgeon and several pieces of
cord similar to the one by which the little girl was strangled.
Dorsey intimated that Holloway might he able to shed some
light on how these things came there, inasmuch as the state
contended that this evidence, also, was planted for the pur-
pose of diverting suspicion from Frank.
"Didn't you once boast that Conley was *your nigger?' n
asked the solicitor. The witness denied that he ever had.
Mrs. Arthur White, who took the stand on Friday. August
1. declared that she had entered the building to see her hus-
band at 11 :30 o'clock and, after talkin gto him for a few min-
utes, left the factory. It was ten minutes to twelve when she
departed. Thirty minutes later she returned, she said, and
entered Frank's office previous to going to the fourth floor
to again see her, husband. Frank was bending over the safe
in the offiee when she entered, according to her statement,
79
Visit: wwwlj
and appeared startled at her approach, Mrs. White testified
that she later went to the fourth floor where her husband and
Harry Denham were working. She remained until 1L>
oWock* when Frank appeared on the fourth BOOT and told her
thai he was going to lock the building before ft^ing to lunch
and that- she had better bave then* She took his- suggestion.
she said.
Her testimony WAS of vital importance, because the stair
maintained that the; murder had been committed betwivn hear
first and second visits.
Mrs. White described Frank's conduct when ha Gfrttrt to
the fourth fiotir as natural.
*TRhe woman also told of seeing a negro lurking in the shad-
in the haTway on the first floor as she wan leaving tht*
building- Conlej? was brought before her but «kc could not
positively identify him. Be answered the same general 4e
scription, however, she said.
Genera] Manager &L V, Dartey, called to the stand, admit
tod that Frank was nervous 00 the morning of Sunday, Aprtl
27. He said that the superintendent explained it by spying
that he had been called from bed summarily that morning and
had conn* down to ill*- factory before he had an opportunity
ink his nan a I cup of coffee,
Darlcy said that he, too, had ] ooked at. the punches in the
time slip made by Newt Lee and had failed b the ah
in them. It would have been possible for
a man who understood the mechanism of the clock to main
faciure a slip which could not be i from the genuine
in five minutes,
Friday afternoon, August 2, the defense called Dr. II
Harris, secretary of ttu board of health, to the stand.
He was one of the surprises of the Qftge, Through his testi-
mony the defense sought to clinch the fact that the little
girl never left I he factory after entering it. Dr. Harris per-
formed an autopsy on the body when it was exhumed nine
days after the original burial. He had taken portions of the
mch and o ft he girl's sexual organs and examined them
y. Until the time he took the stand no intimation
of the sensational testimony he was to give had reached
I of the public,
He declared that the gpri had met death between hair
three-quarters of an hour after she ate her noon-day meal.
Be reined this .>rm«lusiim from the state of the cabbage and
80
Visit: www.LeoFrank.org
T
other food found in her stomach. Dr. Harris was later cor-
roborated by Dr. 3. W. Hurt, county physician, and other phy-
sicians in sur-rebuttal. The defense sought by the testimony
of half a dozen prominent physicians to prove that Dr. Har-
ris w£8 hazarding on'y a wild guess when he attempted to
fix the time of death by this hit estimation. Others testified,
however, that it was not a guess but a scientific opinion.
Of most vita] importance was the testimony of Dr. Harris,
that, although no criminal assault had been committed upon
i he girl before heath, some kind of violence had been done
her. This was proven by the state of her organs, he declared.
Dr. Harris said that {he eye of the victim had been blaek-
<n< d before death, probably by a blow, and that the wound
on hi>r brad which, he (Ireland, undoubtedly produced un-
consciousness, was produced by a sharp instrument, Jt would
have been impossible to have indicted it with the round club
found near the elevator pit, he said.
Dr. Harris coHapsvd on the stand in the midst of a gruelling
i-ross-examinalion replete with hypothetical questions at the
hands of Attorney Arnold.
Saturday afternoon. Dr. Hurt was called and confirmed to
a considerable extent the testimony of Dr. Harris, He de-
scribed the wounds on the body of the girl in detail. On
cross-examination the defense gained admissions by which
they sought later to prove that the evidences of alleged as-
sault found' by Dr. Harris might have been the result of Dr.
Hurt's examination of the corpse immediately after death.
Alfred McKnight, husband of Minola McKnight, eook in
the Selig home, was ea"led to the stand on Saturday, August
2. He testified that he had been in the kitchen of the resi-
dence on Saturday, April 26. and that Frank entered the din-
ing room and viewed himself in the mirror for a few minutes.
His testimony was later attacked by his wife, who repudiated
on the stand the sensational affidavit she had previously made
to the police.?
W. F. Anderson, call officer, 6. C. Febuary, stenographer in
the detective department. Chief of Police Beavers, Detective
Waggoner and Patrolmen Lassiter were also called on Satur-
day. Their testimony; with the exception of that of Chief
Beavers, was largely corroborative of that already introduced.
The police department head told of searching the vicinity of
the scuttle bole leftdlBg to the basement a few days after (he
83
Visit: www.LeoFrank.org
murder and bis failure to see the blood, oord and elub later
discovered there by Detective Mc Worth.
Miss Helen Ferguson, a factory girl told the jury of hav-
ing sought out Frank Friday evening to ask him to give her
Mary Phagan's pay envelope. Fnmk refused to deliver it
into her custody, she said:
On this day, also, which was the last of the first week, the
defense protested because Judge Roan had on his desk a news-
paper with a large red head line, "State Adds Links to Chain."
It was the contention of the defense that the paper had unwit-
tingly been exposed to the jury. Immediately after the pa-
per was alleged to have been exposed to the jury, Attorneys
Rosser, Arnold and Haas retired from the eourt room to hold
a consultation as to what action would be taken. It was
thought for a time that a mis-trial would be asked, After a
conference of five minutes, however, the lawyers returned to
the court room and asked that the jury be excused. After the
twelve men had left the room, Attorney Rooser took the floor
and announced that it was not the intention of the defense to
ask a mis-trial at that time. Solicitor Dorsey asked that the
jury be cautioned against being influenced by anything they
had seen or were likely to see in the future. Judge Roan did
this when the jury was returned.
Several other witnesses were called during the first week of
the trial, but their testimony developed nothing that had not
already been disclosed in the investgation of the police and
private detectives and was mostly corroborative of important
phases of the case.
CHAPTER XVI.
i
M Perversion" Charged.
The second week of the trial opened on Monday, August
4th. Tt was then that the state introduced its most important
witness, Janus Conley, a negro sweeper in the factory and
the only witness who connected Frank directly with the crime.
The public waited anxiously for the negro to take the stand
82
Visit: www.LeoFrank.org
and when, it was announced that he would be questioned on
this day a crowd larger than any previous one sieged the
court house, The police had instituted the plan of making
spectators get in line to await the opening of the doors and
on Monday two lines of men in single file extended around
the front of the court house and nearly to the hack of the build-
ing on each side. It began to form shortly after daylight and
by 8:30 o'clock had swelled to several hundred. A majority
of the waiters were disappointed, however, owing to the limit*
ed seating capacity of the court room.
Before court opened, Judge L, S. Roan announced from the
bench that all the women present would have to leave., This
was the first direct intimation of the sensational charges of per-
version and misconduct among the factory grls which were in-
troduced. At 9 o'clock James Conley took the stand.
He was the same Conley who had swept the floors o* the
pencil factory in the past, the same Conley who had been
hailed into police nourt on disorderly conduct charges, the
name Copley — except that he was sleeker than when he en-
tered the jail, and he had been shaved and bathed and dressed
to be presentable before the jury. With little questioning
by Solicitor Dorsey, he told glibly his story of carryng the
body of the dead girl to the basement at the direction of Su-
perintendent Frank. Then be went further. He made^ the
sensational assertion that once ho had caught Frank in a
compromising attitude with a woman in his office at the factory
and that on previous Saturday afternoons and holidays he
had watched at the front door of the building while Frank
kept clandestine appointments with women on the second
floor.
On Friday afternoon, the witness declared, Frank had in-
structed him to return to the factory Saturday morning,
"What time did he say for you to comef" asked Solicitor
Dorsey.
"At S:3G t " replied the black.
"Who got there first Saturday morning!"
"We met at the door and I followed him in."
"What conversation did you have?"
"After we got in ,on Saturday morning, Mr. Frank said
that I was a little early, I told him it was the time he'd
said for me to come. He said I was a little too early for what
he wanted. He said he wanted me to watch for him like 1
had other Saturdays,"
Visit: www.LeoFrank.org
4 'What had you done other Saturdays
"I had watched for turn while he was upstair* talking
with young ladies. * '
"What did you d<
*'I would watch at the door aud b k t him know.' 1
"How often had you done this?'"
"Several times — I don't know how inauy/*
"Was Frank up there alone on those Satarda;
"No, sometimes there M be two young ladies, and some
times other men from the factory.*'
"Was Mr. Frank ever alone there?' 1
"Yes, sir, Last Thanksgiving day/ 1
•Who came then?"
"A tall, heavy-built woman."
"What did you do then?"
11 1 stayed just like I did on April 26, and wwtehed at the
door. ' *
"What had Mr. Frank told you to do on Thanksgiving day!"
U I did like he to'd me and locked the door when he stomped
on the floor after the lady had come in."
"That was Thanksgiving day t 1912?"
"Yes, sir."
'Now, tell what happened on April 26/ ?
We both went inside. He told me 1 was a little early.
I said, no, «ir. that was the time he'd told me to come. lie
said I was a little early lor what he*d told me to do. He
told me he wanted me to wateh. 1 told him I had to go to tin*
Capital City laundry, and asked hira what time he wanted
mi* to come baek. He told me that 1 could go from the Capital
City laundry to Nelson and Forsyth streets and watch there
till he came baek from Montag's."
Couley continued his narration of tLo< events on the morn*
tug of April 26. He told of going to the Capital City laun-
dry and of meeting Frank u and Forsyth streets.
"What happened when you returned to the factory?" he
was asked by Dors
We went in and Mr. Frank told me about the lock on the
front door. 'If you turn the knob this way, nobody can get
in/ he said. Then Mr. Frank to'd me to come over and said
l Set on that box/ He said there 11 be a young lady op here
pretty soon, and we want to chat a while,' Mr. Frank said,
84
Visit: www.LeoFrank.org
SI
»-9
85
Visit: www.LeoFrank.org
'When I stamp, that's her. And when I whistle, you come
np and say you want to borrow some money, and that will
give her a chance to get out.' "
"Did he say anything else before he went upsairs?" asked
the solicitor.
"Yes, sir," said the witness. "He hit my chest right here/'
— th negro pointed to a place near his right shoulder — "and
he said, 'Now, boy^ don't let Mr, Darley see you.'
Answering questions put by the Solicitor, Con ley told of
seeing various people come and go while he lurked in the hall-
way. At about 12 o'clock the negro sad he saw Lernmie
Quinn, Mary Phagan and Monteen Stover enter the building
in the order named. The former and latter came out, but
Mary never came down, he said.
"After she went up/ 1 the witness said, "I heard her foot-
steps going toward the office, and then steps toward the
metal room. The nest thing I heard was her screaming.
"Then what did you hear?" persisted the State's prosecu-
tor.
i4 I didn't hear any more," answered the negro,
**Who was the next person you saw go tips tar.
"The next one I saw go up was Miss Monteen Stover/'
"How was she dressed V
14 She W6$ wearing tennis shoes and a red coat,"
"Have you seen Miss Stover since then!"
"Yes, sir — once."
"How long did she stay upstairs?' '
"She stayed a pretty good while. Not so very long,
either."
4 'Then what?"
"She eame back down. 1 '
"What happened then?"
"Then I heard tiptoes coming from the metal department. "
"Where did they go?"
"I don't know T air."
"What next?"
"Next I heard tiptoes running back toward the metal de-
partment."
"Then what?"
"Then I aat back on the box and kind of went to sleep."
"All right— what next?"
"Next I heard Mr. Frank stomping over my head. I waked
86
Visit: www.LeoFrank.org
up the first time he stomped. Then 1 heard him stomp two
more times. He stomped three times altogether/*
Then what did you do?"
"I got up and locked the door like Mr. Frank told me to
do. Then I sat hack down on the box."
"How long did you sit there? 11
11 A little while,"
"All right, then what happened?"
il l heard Mr. Frank whistle."
"How long after the stomping what it before you heard
him whistler'
"Just a few minutes."
•'Well, what did you do when you heard Frank whistle t"
"I went upstairs like he told me to do when he whistled.
Mr. Frank was standing at the head o fthe stairs shivering.
He was rubbing his hands together and acting funny."
"Show the jury how he was acting."
The negro stood up, made his legs tremble, rubbed his hands
together, rubbed his right backward and forward from the
back of the head to the face and reverse.
"What did Frank have?"
"He held a little cord in his hand."
"Did you look at his eyes?"
"Yes, sir."
-How did they look?"
<<Hi s eyes was large. They looked funny and wild."
"Did you notice his face?"
"Yesfrir, it was red, very red."
Solicitor Dorsev produced the cord which had been taken
from around the neck of the corpse of the body of Mary Pha-
gan. "Is that the kind of cord he had in his hand! he
asked.
"Yes, sar, just like that," answered the negro.
4< Did Frank say anything to you?"
"Yes sir, he asked me if I saw the little girl pass along
up there. I told him yes, I saw two but one went out; but
that I didn't see the other one come out."
Coniev testified that Frank told him that he had gone back
to the metal room and that Mary Phagan had resisted ad-
vances that he had made. Frank said that there had been
a struggle, in which the girl had fallen and hurt herself.
87
Visit: www.LeoFrank.org
I'onley declared thai Prank bad remarked. "You know,
Jim, that I am not like other men/ 1 referring to a previous
happening when the negro had interrupted the young super-
in ten dent in. peculiar relations with another girl
"He told (ne Ot go hark to t ho metal room/ 1 said the negro.
**Hc said: 'We've got to get her nut. Hurry up, now, and
therell be some money in it for you/
'Did yon find ^.girl!"
**Yes, sir. She was lying tint of her hark, with a rope
around her neck. There was a pfece of doth tied around her
neek. too.'"
The direct examination oi ronley was completed in less
than two hours, Ifis crossexammation was probably the
must remarkable feature of the trial. For three days and a
hall Luther Z, Rosser tired questions ai the uCgTO in an at-
tempt to trip him op on some point in his testimony. But
never once did the black lose his head.
He was taken over and over his story and he repeated il
without a variation. Traps were laid by i he shrewd Rosaer,
but the negro avoided thorn. The examination resolved it-
self into a physical endurance contesfe Ai one time Attorn*-\
Arnold took the floor in address a question to the witm
The move was taken by Horsey 1«> mean that the two attor-
neys for tin- defense intended to question t he negro in relays
and wear him out. lie interposed an objection and Judge
Roan ordered that Attorney Ross-cr wou'd ha^e to continue
th$ questioning.
The testuumy of f.'unley was taken flown by fouf stenog-
raphers in half hour relays. As soon as one had completed
"take" he owuhl hurry to a typewriter and transcribe
his nofes By tiiis means the defense lawyers were supplied
with copies of the otHcuiI testimony of Tonley two hours
after it had been entered in the record. They repeatedly
asked him questions put prerriously end his answers were the
Name, almost verbatim.
Attorney Rosser asked him about occasions on which he
had previously watched while Frank entertained women
friends in ids office, He went into the minutest derails.
The negro never hesitated in answering, although he fre-
quently rep'ied, M <ltsre.member. * r
"Tell us about, the first time you watched. Von said it was
in July, ifirj \y\u-. wjels inhere that day!"
Visit: www.LeoFrank.org
B. Dalton and a woman who worked on the lourth
ioor and another woman named Daisy Hopkins, who otten
forked i- vo replied
Almti; .; J.gfl ,. :, P afternoon: M
Whai were you doi asked the atton
"1 v -ping when they eaine in. but Mr. Frank called
to hie office, and asked if I wante dtu make a pieee of
money, and then lie told trie to wat.eh ;he door for him."
"1 went down and watched and ; joon that young
wetnt out ami she <-antr back with a man, Mr. Daltr i
"Then thej went upstairs and 1 heard them walk into
Mr. Franks office. They stayed about leu or fifteen min-
utes and then t og lady and Mr, Dalton
the young lady Ml right, James*,' and then I took them
back and opened the trap door and they wenl down the
bo the basement."
Who told you Id open That door, J
sir. Mr. Frank bad told me when he was talking
with me,"
The wis- i the length
inie the couple Stayed in the basement, bu|. said that he
Waited near the trap door and opened it for them to come up
In answer to q\ dared that Palton went
on out and the «jt i i" 1 w airs, and after waiting at the
1 of th. ral minutes, went into the other
X little inter die and Mis* Hopkins eaine down, and il
siderably later thai Frank left the • ia saiid.
Mr, Dalton, he sa' tiiiri B quarter, and Mr. Frank
re him another as l leaving. The witnea saaid that
the girls left about 4:30 o'clock
The witness was told by the erosaeiaittraer to narrate the
events u f the next visit of women tory, whieh
^aid was on a Saturday about two weeks later. At
thai \ht that Frank came up to him early
in the morning and told him that he "Wanted to put him
wise" for- the afternoon
Frank returned to the offioe aboul 8*15 that afternoon,
and short: he want into the office Mr. Hollo
way left. 1
ram ad he followed her up tn * v ■Mtpa ttnf * * aw her
into the office
•9
Visit: www.LeoFrank.org
Frank snapped his lingers at him, he declared, and bowed
hid head. Then he went down and watched at the front door
and Frank gave him 50 cents after the girl had left.
"Now, tell about the next time — Thanksgiving/* Mr. Rosser
said to the negro.
"No, sir, it was not Thanksgiving," said the negro. "It
was before Thanksgiving, early in the winter."
"When was it!"
"About the middle of August.'*
"Oh, yes," said Mr. Rosser, "it was pretty cold that day,
wasn't it?"
The negro saw the trap and neatly dodged it.
"No, sir, i twas not cold/'
"Well, it was winter — it was sorter cold?"
"No, I can't nay it was cold," Conley answered.
"Well, that morning," he continued, "Mr. Frank told me
he wanted to put me wise again for that afternoon."
"Oh, yes/ 1 interrupted Rosser, "he used that same word
every time, didn't he?"
The negro said that he did that time and the other time,
but was not sure he used it after every time he spoke of the
matter.
"What was this woman's hair like?" asked Attorney Ros-
ser.
After looking around the court room the negro replied:
41 It was like Mr. Hooper's."
u You seem to know Hooper well. How is that?"
"Well, he talked to me once or twice."
"Tt is gray like Hooper's?"
"If that is gray, it was."
"What sort of clothes did she wear?"
"Slu> had on a green suit."
"Now, let's take Daisy Hopkins/* said Attorney Rosser
What did she wear?"
"The first time she came she wore a black skirt and a
white shirt waist."
"What did she wear the second time."
"The same thing."
"Did you ever speak to her around the factory?"
"No, sir, she didn't know me."
"You've been there Iwo years. And do you mean to tell
me that everybody around there don't know *Hm Conley."
"Lots of them don't know me."
90
Visit: www.LeoFrank.org
"Who are some of them?"
"I don't know, but there's lots of them,' 1
Attorney Rosser then questioned Conley about last Thanks-
giving day, when he said ho again acted as lookout for Frank.
Conley said that he had waited near the door until the woman
came. He said he got to the factory about 8 or 8:30 o'clock
and that she entered about half an hour later/'
"Did you know her?"
'No, sir, I never saw her since. I saw her in Mr, Frank's
office about three days before that."
"Was it the same week?"
"I don't know. It was some time near Thanksgiving,
though."
"What time was that?"
"About 8 o'clock in the evening."
"What were you doing there so late?"
"I was stacking some boxes upstairs."
"How was she dressed?"
"I think she had on black clothe*. I don't remember ex-
actly."
"How was her face?"
"0, she was good looking."
"Now, on this Thanksgiving morning, you closed the door
after ber?"
"Yes, sir."
"And you say when Mr. Frank stamped his foot you
locked the door after her?"
"Yes, sir. When Mr. Frank stamped I closed the door."
"Was there any signal? How many times was he to
stamp?"
"Twice,"
"tl wa*n*t three, wan it?"
N'o, sir. It was twice. And then I was to kick the door
of the elevator twice.'
"What did you do after that?"
"I sat on the box."
"How long?"
"About an hour and a half it seemed to me,"
"And then she came down?"
"No, Mr. Frank came down. He said 'is everything all
right?' and then he Opened the door and looked up and down
the street and then called to her, 'AH right.' And she came
down and they walked to the door and as they passed m*
91
Visit: www.LeoFrank.org
tlio woman looked at me ami said, l Ia thai. the nigger T and
Mr. Frank said. 'Yes that is the best nigger lover saw/ "
"Did she Bay that to you? tf queried Attorney Rosser,
"Xo/ f replied the black, **Shc was talking to Mr. Frank/'
• nley was questioned about every assertion that he had
made in his affidavits to the police. Time and time again fee
admitted thai he had lied when questioned by the detectives.
"J told a million liedj 1 gtifeaa," he said.
At the end of the first day's grilling the state was jubilant
Conley was telling tlie trutji al last, they believed, and they
were confident thai the defense would never break him down.
''It's a bear i\*ihi. And I am betting on our bear/' was the
comment of Frank A. Hopper.
Later, several days after Copley had be&i grilled, Hosser
remarked: **That's a smart nigger. lie 1 * the smartest one I
ever tackled. Hut he's the gfceateist liar on earth/'
The most bitter legal battle of the whole ease occurred on
tile afternoon of Tuesday. August 5th. when the defense at-
torneys unexpectedly moved that al the testimony of Conley
pertaining to watching for Frank on previous days and the
statements ot ffae negro attacking Ids eharaetor, be stricken
from the record, The motion was made immediately after the
midday adjournment Attorney Arnold arose find asked that
the jury be. sent out. After the talesmen had marched from
the room he announced to the court that he wanted this tes-
timony expunged from the Iranseript on the grounds that
it was irrelevant, immaterial, ineompenlent and inadmissable.
"We move, first/ 1 be said r **to exclude from the record
all the testimony of Conley relative to watching for the de
tense, and we withdraw OUT eross-exa munition on that sub-
ject/'
Second, Sir. Arnold moved thai a portion of the negro's
testimony attacking Frank's character, which was brought
put through questions propounded by the? Solicitor, be ruled
out.
Mr, Arnold concluded fcfee argument by saving. "Before any-
thing e'ae ia done, we move to exclude this from the record/"
Judge Roan spoke up: "As 1 understand it. Mr. Arnold,
what you want to withdraw is testimony about watching on
other neeasjoiis
Attorney Hooper took the door, saying* "To allow this
bringing out witnesses to 8UBt&in Conley. We purpose to!
motion would be to trifle with tin 1 court When they did
92
Visit: www.LeoFrank.org
not object at the time this evidence was introduced I be-
hevc they lost any ground that they had for an objection.
If their objection had been entered at the time of the intro-
duction of this testimony, I should say that the objection
was well taken, but T do not think that they have a ri^ht
after letting it all go into the records without protest, now
to move for its total exclusion."
Frank dropped his head, and his mother put her arm around
Ms neck and patted him on the shoulder and whispered in
his ear. He smiled faintly and looked around.
Solicitor Dorsey addressed the eourt.
"I submit, your honor/* said he "as an original proposi-
*Hn this evidence is admissible They have waited too late
to enter their objection."
Mr, Rosser interrupted.
H We move to rule it out because it is immaterial/" said
he, addressing both the court and the solicitor.
"If you've got auy authority to back up your objection,"
retorted the solicitor, "trot it out"
"I never trot out anything in court," replied Mr. Rosser
"I've got too much respect, for the court."
"Well, gallop it out, lope It out." said the solicitor, "It
doesnt make any difference, just so you produce it,"
"You wou ! dn T t understand it if we did," snapped Mr.
Hosser.
Solicitor Borsey proceeded, ignoring the last remark.
"Your honor, just as a matter of fairness, T submit that
it is not right to let this gentleman give this witneas a moat
levere gruelling for two days, (jo into his testimony by cross*
examination, and then come along* and ask that certain por-
tions of it be ruled out. They would stop ua now from
corroborating the testimony of this witness as to Frank's con-
duet. To grant their motion would bo to stop us from in-
trodnoing our corroborative evidence."
The solicitor announced that he had other witnesses wait-
ing to corroborate Oonley.
"Ts it fair, your honor, after one. two, three, four, able coun-
sel have sat here and let this evidence get into the record:
after they have cross-examined the witness for two days and
then wake up to the conclusion that it shouM be expunged from
the record — is that a fair proposition V f
'The state's ease will haw been done great damage," con
tinned tbe solicitor, "if now. after the defense has derived
93
Visit: www.LeoFrank.org
all the benefit it possibly can expect from cross-examination,
these facta are cut out and we are not given an opportunity
to put witnesses on the stand to show that this man Jim
Conley has spoken the truth.
**Now the able counsel sees the terrific force of these trans-
a ft ions, and they would stop us from corroborating them.
"I appeal to you, in the name of fairness and justice, to let
counsel now see that objections, if they are to be entertained,
must be timely,
"Why, your honor, they have gone into even the workings
of the National Pencil factory, and showed this man Conley *s
relations with a half a dozen different men, and they have done
so very properly, for it shows his connection with this defend-
ant and is a part of the history of the erme.
u l will tell your honor riglit now that we have witnesses
to sustain this man.
" Any piece of evidence, any transaction .anything of his past
conduct T to show his intent and purpose when he got this girl
up there, is admissible. And it is largely by this that we are
showing what this man did to poor little Mary Phagan. Any-
thing to show his motive must be admissible. As to the dis-
tinct relevancy of this testimony, 1 cite as an instance the tes-
timony of Dr. Hurt,
"This testimony which they wou T d rule out goes right to
the point and it will be corroborated. It goes largely to show
who Irired the girl.
•- f | beg of you to think twice before you rule out these
powerful circumstances/ '
Solicitor Dorsey challenged the defense to produce any
decision written within the past five years contrary to this
principle.
41 The courts are slow/' said Mr. Dorsey. "Too slow tu
progress. But this one rule the courts have now taken up.
"The importance of this testimony will be more manifest
before we get further in this case/'
During Solicitor Dorsey -S araignment of Frank, Mrs, Frank,
wife of the accused .arose from her seat and left the doom.
She went into an ante-room and remained several minutes.
When she returned to the court .there were fresh tears in
her eyes. She resumed her seat at her husband's side.
"There's no use making stump speeches here/' said Mr.
Anu>I<L ki There's no use waxing so eloquent-. 1 eould do ii t
I guess but 1 don't want to make my jury argument while
it's &o hot unless T have to/'
9*
Visit: www.LeoFrank.org
Air. Arnold termed the objectionable evidence '* miserable,
COtten stuff. r " and went on to say that the defendant suffered
outrageously by its admission into the records.
"The state admits that it is illegal evidence/' said he.
''The only ground that they want it retained on is that we
didn't make time y objection. In a criminal ease, you never
can try a man for but one crime. Thats the old Anglo-
Saxon way. In France, and m Italy and in Germany, when
a prisoner comes into court, he comes prepared to answer
for his whole life. But it's not that way here. We only
try a man for one crime. What is this proposition?
*I sympathize with tin- little girl's parents as much as
anybody, but I say it is just as much murder to attempt to
convict this defendant by tbe introduction of illegal and irre-
vant evidence This miserable wretch on the stand/ 1 point-
ing to L'onley, has told n glib parrot-like tale. He was school*
»*d in it for two months, and I feel sorry for anybody that!
will believe him. lie has introduced another capital crime
into this rase- — not that I believe a white man would believe
-a word he sad, but his testimony has brought it in, A ease
of murder is a distinctly marked ease, and as I understand
it the state does not contend even that this is a premeditated
ease.
**The state has put this man on the stand, and they want to
bolster up his outrageous tale with a lot of irrelevant matter."
Attorney Arnold attacked the supreme court decision cited
by Solicitor Dorsey, contending that the decision was writ-
ten In a case involving illegal sale of cocaine, and not in a
murder case. Murder, he said, is an entirely different mat-
ter, and is more serious than the selling of cocaine.
11 If this evidence is admitted we would have to stop in-
vestigating the murder and take up the investigation of two
other ftaaes and the eases he mentioned are not parallel with
this.
"With this evidence before the jury, there is a likelihood
of that body convicting this defendant on general prncip!es,
I am coming under a general rule when 1 say this ought
to be ruled out."
"Your honor, bow much confusion would be in the jury's
mind. How much the issue would be clouded!' 1 continued
Mr. Arnold. **IIow unfair to this defendant in a day or two
without notice and require him to answer such charges as
these. It would necessitate our going back over all of ft
96
Visit: www.Li
days this villain has mentioned. #c would have to eall
in every employe of the factory, and goodness knows how
many other witnesses, if they oan put sueh evidence as this
iu> we certainly con rebut it. This is illegal testimony, and
they have done us an incalculable injury to let this suspicion
get into the minds of the jury. 1 *
Jud^e Roan interrupted Mr, Arnold.
"Everything relating to the watching on the particular
day. April 26. is relevant.
"Everything relating to that particular transaction is a
part of this cast:/ 1 said Mr. Arnold. "We are not even o)>
ting to what this witne 3 happened at the bet
or what was to'd him on the Friday before
Judge Roan announced his ruling as follows:
"There is 110 doubt in my mind that this eviden.ee was in
admissible as an origiual proposition, and I will rule out all
except, as to the watching on that particular day.* 1
Attorney Hooper requested the judge to postpone his decis-
ion until Wednesday, in order to give the state time to look
Bp and submit decisions bearing on the point in issue. The
court refused to do this.
Judge Roan added, bowevto .that ho holds himself in read-
iness to reverse himself if he finds that he has m>d wrong.
"I have no pride about that matter/* said the judge. "I
wouldn't hesitate to reverse- myself. "I wouldn't hesitate
to reverse myself if T found 1 was wrong."
The jury was then brought back into court, and Attorney
Rosser resumed his eross examination of Conley.
Judge Roan added, however, that he held himself in read
iness to reverse himself in the event that a study of authori-
ties on the subtle point proved his ruling wrong.
The jury was then returned to the eouu room ami the
.rusts-questioning of t.'onley was resumed by Attorney Boffi
Visit: www.LeoFrank.org
K
CHAPTER XVIL
\
Salacious Stories Admitted
At noon Wednesday Judge Roan announced Hiat he would
reverse his ruling striking from (lie records the testimony
of Conley regarding perversion and of having watched for
Frank on previa Great excitement prevailed faa
the court room when flu* court mad* 1 tin- new ruling- Solici-
tor Dorsey was applauded at his victory. It was the first of
a series of ovations given the plucky young solicitor gen
eral. On this occasion, hnwevi-r. it result* d in Attorney Ar
rmld making a motion thai the court room be cleared. Jttdge
Roan r< audience and the lawyer applied
for a mis-trial. His request inirm^iial ely was overruled.
Judge Ttoan held that a'l of Conle\ \s testimony would
main in the records. This gave Solicitor Dorsey the oppor-
tunity that he t«> bring in witn< eorroboi
this part of the negro's story.
0. B. Dallon, named hy * <•> the man he h;i
i[> to Frank's office with two women, was one of the last
witnesses Called by the state. Kg i* a carpenter. He admit -
lining to the factory with Daisy Hopkins ami sa.vs that
one occasion this woman introduced him to the young
>*r\ superintendent. Qb more than one occasion. h<
he had seen women in Frank's private office, Frequently
he saw soft drinks ihere. he said, and on om occasion 1 1 * -
parly had beer,
On Thursdav morning, after DaltOH quitted tin- stand and
T>r. F. EL Harris had completed his testimony, which
interrupted when he had collapsed stand the previous
;ite rested-
The defense immediately opened tie The ;
bed their i the testimony of Or Harris. Dr. Le
Childn was called to tin stand. He a886rted that many of Dr.
Harris' deductions we work.
It wou'd be a "-wild I ,to fix the length
of time any food I n in a human 1 i&eh be
ath Dr. Child*? and other physicians in He- days that
Visit: www.LeeFrank.org
Followed refuted other atateuuvuts made on the stand by
• rv of the State Bdatfcl of Health,
Ilan-v Scott, Pin&erton detective, was recalled by the de-
fense Thursday afternoon, ittoraej Arnold soughl to draw
from liim that Conley hail been sfihooled in making his state-
ments to the police. His intention was to leave before the
jury'* iinn.l the possibility thai Goalej ed the remark-
able knowledge of details and from thai concocted his story*
n admitted that on tiaore than one occasion he a&d other
detectives hud remarked fcb Conley when endeavoring to get
iruih From hini: "That's won't .In. Jim. it don't fit."
On Friday, the eighth day oi' the trial, Frank 1 * counsel
called l>aisy Hopkins to the stand Sin* Bat-footedly mi.
dieted (h<* testimony of Dalton and James Conley that she
had ever visited the penoil feretory tor an immoral purptj
On this day, also, the defense introduced a cardboard model
of the pencil f&otory which was us*-*] through the real of the
trial to illustrate the testimony of wii:
Tin* testimony of George Epps, who declared that he had
ridden to the center <>r town on the same car with Mary Plm-
gan onf the day of the tnnrder, was attacked by \V. M Matth-
ews ami W. T. Soil is. motorni : conductor ol the car
on which the. girl n«\r 10 town. Roth carmen declared that
they had seem the little girl 611 the car, but that Epps was
not there. They alfiO : red that she did no| gel nil* at
Marietta am! Forsyth streets, hut rode around the turn to
Broad and Hunter sireeis. •
Blue prints oi flooT ol tiie pencil factory were also
introduced on this day. They were made by Albert Kaufman,
a civil engineer. In every feature of the trial the del
red no expense to place before tin* jury its evidence in
the beg I form, Exp kinds were called to re
iiicrimirialiii£* testimony given by witnesses called hy tlic
The s.viiml week Of the trial closed lit ni'on Saturday with
Herbert Schiff, Franks young offlei int. on the witness
stand Through him tile defense began fro weave their famous
■'time alibi" hy which they tried to prove it would have
been impossible for Frank to have committed the murder
Sehiff declared On the stand that it was Frank's custom to
make out the financial statement every Saturday afternoon
and that the work could not have been completed in less than
lie was show?! the financial statement
/
88
Visit: www,LeoFrank,org
for the week of April 26 aud identified Lhe handwriting is
that of Prank, He was subjected to one of the most severe
cross-examinations of the ease, but his testimony was un-
shaken.
On Monday , August 11th, the defense again renewed their
attack on Dr. Harris' testimony. Dr. Willis Wsslniorehmd,
former president of the state board of health; Dr. T. II. Ilan-
eock, Dr. J. G< Olmstead and Dr. (.Jeorge Baehmau, deelared
that any physician who attempted to fix the lime of death
by the condition of food in the stomach of a corpse v ^
only hazarding a guess.
On this day also the defense introduced a number ol wit
nesses who swore thai they would not believe C. B, Da I ton
on oath. They were nearly all from Walton county, where
Dal ton had previously resided and all termed his character
as had. Later the defense re-called Daltou himself and gain
ed from him admissions that he had been arrested on several
occasions in his past life on larceny charges.
Miss Hattie Hall, stenographer and bookkeeper for Montag
Brothers, was called to add a link to the time alibi, She told
of meeting Frank at Montag Brothers on the morning of the
day of the murder ami his requesting her to come to the fac-
tory and do stenographic work for him. She asserted that
he also asked her to come bark that afternoon. Miss Hall
testified that shp had remained at the factory until two or
three minutes after twelve. She fixed the lime of her de-
parture by the blowing of the 12 o'clock whistle.
Joel Planter, an expert accountant and another proficient
mathematician declared that Frank could not have completed
the financial report in much less than three hours. And t :
was other minor work on office account books whieh would
take him anywhere from thirty minutes to two hours Ion
he said. This meant, that Prank, on the afternoon of April 26,
after Alary Phagan had been killed, carried on the routine
office work of the factory.
On Wednesday, the fifteenth day ot the Iria!. Frank's «*har
acter was put in issue. The move was not unexpected. In
taking this step counsel for the accused superintendent de-
fied the state to produce witnesses who would put a blot on
his character. Two Former classmates at Cornell, now of New
York, who came to Atlanta solely to testify, said that his
character was excellent, They were followed during the next
few days with other friends of Frank at school, nd one or two
Visit: www.LeoFrank.org
college professors who made the long trip South to be with
their former fellow in his hour of need. Scores of the most
widely known men in the city took the stand and said that
they never had known a smirch un the character of the fac-
tory head.
Efforts of the defense to introduce experiments of four men
who re-enacted the carrying of the body to the basement as
told on the stand by Oonley. met with vigorous opposition
ou the part of Solicitor Dorscy and Attorney Hooper, Frank's
attorneys nought to show that it would have taken more than
twice the tiuir. to hide the body that, the negro said it would.
After an argument of an hour, Judge Roan allowed the evi-
dence. T>r. William Owens then gave an account of how he
and three other men had carried a nark Weighing 110 pounds,
the same as Mary Phagan'fl body, into the basement and gone
through the other alleged actions of Con Icy and Frank on
tin: day of the murder. It took them more than thirty min-
utes, he said. Oonley gave fifteen minutes as the estimate of
the time.
On cross-examination. Attorney Hooper went thoroughly
into every detail of the experiment in an attempt to discount
its value, He succeeded many times during the afternoon
in bringing the jury and audience to mirth.
Attorney Hooper also attempted to prove that Or. Ow^
was unduly interested in the ease. Fie produced a letter writ-
ten to the grand jury before the trial asking the indictment
Of <V>nley as an accessory. Dr. Owens said that In* had writ
ten the communication at the compulsion of his eonseir
When John Ashley .times took the stand to tell of Frank's
character, the state opened its first attack upon the superin-
tendent "s moral reputation. When the witness was turned
over for cross-examination, Dorsey waa on his feet in a min-
ute hurling questions one after another.
"You never heard it said that he took girls in his lap at
the factory, did you!"
"No."
"Did ynu ever talk to L. T. (oursey of Miss Myrtle Cat or!
Yon never heard Ihem say thai Frank would walk into the
women's dressing rooms without offering any explanation for
this intrusion/''
•Hid you ever hear of him trying to put his arm around
tor and attempting to abut the door just
the factory closed one afternoon t M
100
t
i.
Visit: www.LeoFrank.org
At this point Mrs. Bae Frank, mother of' the defendant
turned in her seat and faced the solicitor,
4 'No, nor you either/* she cried l4 you dug!" It was a
tense moment, The court was thrown into an uproar.
Attorney Arnold, in a sympathetic voice, said* 4 'Mrs Frank
if you stay in the court room, I'm afraid you/Il have to hear
these vile, slanderous lies, and I would suggest that if you
have reached the limit of your patience you might r<
for a little will
Mrs. Frank arose and was escorted through the crowded
court room to the door by Attorney Herbert Haas and some
other men of the Frank party.
Mrs. Lucile Frank showed considerable emotion for the
first time since her husband's trial began j and the* tac-
tile accused man flushed when ths solicitor hurled his sensa-
tional question at the witness.
Dbrsey then continued his questioning:
"Do you know Tom Blackstock?"
to/'
" You didn't hear how Frank Stood and looked at poor lit
tie Gordie Jackson? You didn't hear how it was the talk
Of the V
"No."
M You didn't hear what he tried to do to Lula McDonald
and Rachel Prater!"
"No/'
"Yon didn't hear what he said to Mrs. Pearl Dodson whm
he stood talking to her and her daughter with money in his
hand and you didn't hear how she Hit him with a monkey
wreench?"
"No,"
Von didn't talk to Mrs. r. I). Dunnegan and Miss Marian
Dunnegan about him?"
"No."
You didn't hear how he was accustomed to slap girls and
how he had nude pictures in his office? You did not talk
to Mrs. Wingard, of 45 Mills street, about him. did you?"
"No
The solicitor finished -his examination suddenly at this point
and sat down, silence falling over the court.
Mrs. Rae Frank remained away from the court room during
the entire afternoon. She appeared in an automobile at ad-
101
Visit: www.LeoFrank.org
journment time, however; ami gav« her son his usual good-
night kiss.
Next day she resumed her seat by liis side and never again
during the trial did she interrupt the court with an inter;
tion.
The defense fought bitterly this attempt of Solicitor Jhir-
sey to get tlie implications of these questions before the jury.
Attorney Arno "d repeatedly tended Uw tactics unfair, unjust,
and unethical. Judge Foau allowed them to remain in the
record, however.
Thursday morning, August 14. Solicitor Horsey, upon the
opening of court, asked thai. Mrs. Leo and Mrs. Rag Prank-
he excluded from the eonrt room. lie feared another outbreak
like the one of Wednesday afternoon.
" I am doing only my duty/' he said in addressing the court,
"and ii is unfair to allow some one in the room who will
heap abuse upon me." Judge Roan refused to comply with the
solicitor's request when the women, through Attorney Arnold,
agreed to make no more interruptions.
CHAPTER XVI I.
Frank's Alibi.
A formidable array of witnesses to corroborate Frank's alibi
were introduced. Miss Helen Curran, of 160 Aahby str
appeared in the case for the first time, and testified that she
saw Frank in front of a drag store at Whitehall and Ala
hama streets at ten minutes after 1 o'clock.
Mrs. ML G Michael, of Athens, an aunt of Mrs. Lucile
Frank, who was visiting at the home of her sister, Mrs. Cr.
Wolfsheimer, 387 Washington street, a few blocks from
Frank's home, declared that she had seen the factory super-
intendent about 2 o'clock on the afternoon of the day of
the murder as he wan leaving his home on bis way back to the
pencil factory. She was corroborated by Jerome Michael, her
sou. Mrs. A. B. Levy testified that she had seen Frank get
102
Visit: www.LeoFrank.org
off a Georgia avenue street car half a block from his home
at 1:20 o'clock
Cohen Leob testified that he hail ridden down town with
Frank on a Washington street car, and H. J. Hinehey corro-
borated this wituess when he said he had seen him aboard
the street ear a tew minutes after 2 o'clock, Hinehey was
in his automobile when be looked up and saw Prank through
the window of the car.
Miss Rebecca Carson declared that she and her sister had
seen Frank in front of the store of SL Kieh and Bro, in White-
hall street about 2:20 o'clock, and thirty minutes later at
Whitehall and Alahama streets. Frank had been watching
the Decoration Day parade in the interim, according to his
statement,
A number of former employes of the factory were called to
testify that they had never seen improper conduct on the
part of Frank, nor anybody else connected with the factory.
One youth who had once been employed as an ohlce hoy, de-
clared that on last Thanksgiving day, when Uonley said he
had watched for Frank, had worked with the negro in the box
room on the fourth floor of lite factory, lit- was corroborated
in this by Herbert Schiff,
Several friends of the Se'ig family were called to testify
that Frank had exhibited no signs of nervousness on tin
night of Saturday, April 26. They declared that they had
been guests of Mr. and Mrs. Sclig, his father and mother-in-
law, and that Frank, although he took no part in the card
game, composedly read a paper, On one occasion, tluw assert-
ed, he called the attention of the eard players to a joke be
had come across iu the paper. On Cross-examination of these
witnesses, Solicitor Dorsey attempted to bring out the fact
that Frank attempted to appear too care-free on this night
and to attract the attention of those present when he laughed
so vociferously.
On the afternoon of Saturday, August 16, Mrs. Rac Frank
took the stand in ber son's beha'f. She was called to identify
a letter bearing the date of April 26, which was supposed
to have been written by her son. It was addressed to hi&
wealthy uncle, M, Frank, who at that time was in New York
on his way to Europe.
Here is the letter:
103
Visit: www.LeoFrank.org
"Atlanta, Ua., A]>nl 2b\ IM&
i*| trust that this rinds you and dear auntie well alter arriv-
ing safely is New York. 1 hope that you found all the dear
well in Brooklyn, and I await a letter from you teling
me how you found things there. Lneile and 1 are well.
"It is too short a time since you left for anything start-
ling to have developed down here. The opera has Atlanta
in its grip, hut that ends today. I have heard a rumor that
a will not he. given again in a hurry bete.
•'Today was yondel here .and the thin gray lines of vet.
.smaller each year, braved the cMVy weather to do honor
fcO their fallen comrades*.
Inclosed you will find last week's eepori The shipments
still keep up well, though the result is not what one would
wish. There is nothing new in f to report.
Inclosed please Bad the price "ist. you desired.
"The next letter from nie you should get on board ship
After that. 1 will write to tin- address you gave me in Frank-
fort.
.Much lov. u both, in which Lucile joins me.
** lam your affectionate nephew.
f "LEO M. FKANK."
The communication formed another link in Frank's time
alibi, as well as tending to show that he was laboring under
nary mental strain on the afternoon of the murder
Friday afternoon the defense announced that it had called
luu more witnesses to testify as to the good eharaeter of
Frank. The majority of them tamed -ill to be girls employed
on the fourth floor of ti.« pencil factory. Come; in one of
his statements had asserted that the girl with whom he had
eatlght Frank in an unnatural position was employed in this
part of tin* factory,
Mrs. Bi 11- CarSOfi was one of tin* first of these witnesses to
be o testified thai Frank's eharaeter was good auc *
that she bad never heard a word of criticism against him
about the I
She was followed by many other women Bmplo the
factory who testified that, bo far as they knew f the eharaeter of
their superintendent was beyond reproach.
To all of them Attorney Arnold put this question;
"Have y.»ii ever at any time met Leo M. Frank, the defend-
ant, in the factory or anywhere else for an immoral purpose*"
104
Visit: www.LeoFrank.org
In every instance the answer to this question was emphatic
cally in the negative.
One woman became so perturbed when the question was
put to her that ahe declared she would die for her superior.
Miss Irene Jackson was called by the defense as a char-
acter witness, hut the prosecution drew from her startling
testimony. She declared that on at least three occasions to
her personal knowledge Frank had eouie to the door of the
girl's dressing room on the second floor of the factory, and
stood looking at the occupants of the room. Miss Jackson
declared that not always were the girls in these apartments
fully robed when the superintendent looked in.
HarJee Branch, a reporter for the Atlanta Journal, was
called to tell of an interview with Conley when the latter
was confined to the county jail. He declared that Conley
had denied several weeks after the murder seeing Lemmie
Quinn enter the factory on Saturday, April 26. On cross-
examination, Solicitor Dorsey developed the fact that the wit-
ness had been with the city detectives when James Conley
re-enacted in pantomime the concealing of the body on the
day of the crime. His aim was to refute the testimony of
\h\ William Owens. Branch said that Conley had taken ap-
proximately half an hour to go through his movements on
that day.
Nearly everyone of the employes connected with the factory
said that Conley had a bad character and that they would not
believe him on oath. Several of the girl cited instances when
they had loaned him money and he had failed to repay it.
CHAPTER XIX.
Attorneys Threatened
When court adjourned at noon on Friday, August 16, three
weeks had been occupied in the taking of evidence — and the
end was not yet in sight. It was predicted that all -of the
next week would be taken up in the introduction of rebuttal
and sur-rebnttal evidence and arguments to the jury. This
was correct. The trial did not end until near the middle of
its fifth week.
105
Visit: www.LeoFrank.org
The lawyers were almost exhausted, It had been a sever©
strain on ail of them. Court convened daily at 9 o'clock and
remained in session until 12:30, when recess was taken for
dinner. This lasted an hour and a half.
At 2 o'clock court resumed and the evening adjournment
was not taken until about six o'clock in the afternoon, Every-
one of the attorneys was constantly on the alert. If he was
not questioning he was fo lowing in his mind the trend of
Che testimony ready to interpose an objection or fight over
some questionable legal point. During the first three weeks
Luther Rosser. one of the most stalwart lawyers in the South,
lost twenty-live pounds in weight. Solicitor Dorsey became
pale and nervous and Reuben Arnold and Frank Hooper
showed traces of the terrific strain.
The lawyers for the defense were working under an added
hardship, a so. They received numerous threatening letters
from all paris of the state. They were rhe cominmu .on*
of fanatics, wbo were radiea'iv in sympathy with the move,
of Solicitor Dorsey to send the prisoner to the gallows. Dur
ing the whole trial Reuben Arnold was followed by a b >dy-
gnard of three men, while his brother lawyer, Rosser, had two
consfant.lv a I his side. They were hedged about like a pj
dent with secret service operatives
Telegrams and letters of advice and condemnation also pour-
ed in to the attorneys for both sides from all parts of the
country. One man in Xashvile. Temi.. spent at least $300
in writing to Mr. Rosser suggestions and hints as to how to
proceed with the presentation of the cast- of the defense. The
Tennessean had a chart, he said, by which he could tell just
what move to make next. These communications were, of
course disregarded if they ever were read.
The fourth week of the trial marked a tightening of ten-
sion over the whole city. The crowds around the court house
grew louder and more demonstrative. An added force of po-
licemen and deputy sheriffs kept them in order.
During the whole trial Leo M. Frank was probably the
coolewt man directly connected with the ease. His expression
and hearing never changed. He was always the same stoic,
impasivc Frank. He stood the long, hot gruelling trial with
the composure and patience he inherited from a raee of peop'e
who had been persecuted for aeons,
Tlis mother and his wife, too, withstood the strain well.
Only on the one occasion did the elder Mrs. Prank display
106
Visit: www.LeoFrank.org
emotion or passion. In the courtroom she sat at the left
of her son with her eyelids drooping. Mrs. Leo Frank sobbed
occasionally and frequently fondled her husband's hands while
he was hearing commendation and denunciation from the
mouths of witnesses. At times when the evidence against
her hnsbaud seemed particularly severe she rested her head
on his shoulder ami tears rolled down her face and her
frame shook.
Probably the most remarkahe feature of Hie whole Frank
ease was the way the young man's friends stuck by his side
in her hour of need. During his three months" wait in the
comity jail for trial there was always one at the door of his
cell and they were present in the court room by the scores.
Rabbi David Marx, of the Atlanta Synugfogue, denied himself
a trip to Europe that lie might remain in Atlanta to comfort
I lit- president of the irNai B'ritlh
Most-s Frank, the millionaire uncle of the defendant, was
unable in We present at the trial. lie was ill in Europe and
when liis nephew was charged with one of the most horrible
crimes hi (ieorj^ias criminal history, he was unable to return
to America. Frank's father also, who lived in Brooklyn, New
York, was unable to be present on account of ill health.
Thn trial was the longest in the history of the South, and
Frank stood it oh well as any prisoner who ever faced the
scaffold. Not once did he waver..
Thi* static made no attack upou his mentality. Even Solici-
tor Horsey described him a mental collosus, with a brain
capable of great things if driven in the right direction.
The references made to the defendant in the arguments
to i li«* jury which closed the famous trial are worthy of
mention. These were the comments of the four leading at-
torneys :
Attorney Luther Z. Rosser:
Yon heard him on the stand. You can take a counterfeit
dollar of the right size and the right weight, one that would
fool the secretary of the treasury, and drop it — and it will
not have the ring of the genuine.
Arnold or I could have told his story, but it would not
have had the ring of truth to iU I have proof that I never
wrote his statement. I couldn't have done it! He has more
brains than either of us.
You heard his story. Ft had the ring of truth 10 it, unmia-
takab'e, unrefutable.
107
Visit: www.LeoFrank.org
I 1B9 BE
This man is a victim of auspicious circumstance
It was an awful crime, the killing of that little girL But
it is a far worse crime to accuse this young man of her
murder. Ihope I never see this trial duplicated in a court-
room.
Attorney Reuben B. Arnold :
Wo are not claiming perfection for this defendant, gen-
tlemen, any more than we claim it for ourselves, or you claim
it far yourselves, or Solicitor Dorsey and his associates claim
for themselves. But he is a moral gentleman.
The greatest injustice in this case has been the whispered,
unspeakable things, the very suspicion of which is damning.
The state has built its case on (\mley's statement and it
stands or falls with it. As I hat negro lay in his cell at police
station, he conjured up the story he has told. And it was
monstrous, If we hang a man on a story like that we an-
no better than grub worms.
I am glad to espouse this man and fight for his cause. I
know the public eventually will commend me for it. And I
know my own conscience wi'l commend me.
Solicitor Hugh M. Dorsey ;
1 believe these poor, unprotected working girls who say
he is of bad character. Sometimes a niau of bad character
uses charitable and religious organizations to mask his real
sell
Many a man has worked in high society, and appeared with-
out as a vvhited sepulcher, while he was ratten to the roiv
within.
Oscar "Wilde, brilliant, whose literary works will go down
through the ages, had a good reputation, but he didn't have
the character.
This man has a reputation — and that is all. He has no char-
acter.
.... As sure as you are born that man is not like other
men. Others without Mary I'hagan's stamina and charac-
ter yielded 1<> his lust. Hut she did not. And he strangled
her to save bis reputation. His haritds are red with her
blood.
Attorney Frank A, Hooper:
This defendant, like Dr. Jekyl, when the shades of night
eanie. threw aside his mask of respectability, and was trans-
formed into a Mr. Hyde, And then he did not seek the com*
pan ions of Dr. Jekyl, but, like Hyde, went to a lower stratum
108
Visit: www.LeoFrank.org
where he picked up Dalton and his kind. And he went with
them instead of the men who have come here to give him a
good character,
The factory was a great place for a man with lust and
without eon&eience. No doubt the situation under which this
man worked was a great temptation — too great for him.
We say a crime was premeditated, that as far back as March
Prank had his lustful eyes on this little girl He knew
that Gautt, this long-legged mountaineer was the only man
in the factory who wou'd raise his hand to protect her. So
he discharged him.
On the morning of Monday } August 18, Solicitor Dorsey
intimated by questions that he asked witnesses for the de-
fense in cross-examination that he stood ready to prove that
on Saturday preceding the murder Frank was accompanied
by a young girt on a long ride on the Hapeville line and
that he had endeavored to induce her to leave the car at
several different places.
Miss Emily Mayfield, one of the employes of the factory
who was named by Miss Irene Jackson as having been in
the dressing room when Frank opened the door and looked
in, repudiated this testimony. She declared that on no occa-
sion had she known the superintendent to conduct himself
improperly toward the women employes. By other witnesses
introduced at the twelfth-hour by the defense, the Solicitor
brought out the fact that Frank and Con!ey had been on the
fourth floor of the factory at the same time on the Tuesday
fallowing the murder. It was at this time, according to Con-
U*y f that Frank called him aside and admonished him to if be
a good boy. M
HAPTER XX.
Franks' Own Story- «
Frank took the stand himself Monday afternoon and with
his life at stake made the most remarkable statement ever
uttered in a criminal court room in Georgia, It was so im-
pressive that it brought many to the belief that he was in-
capable and innocent <if the crime charged against him
109
Visit: www.LeoFrank.org
Frank began his statement at live minutes after 2 o'clock,
he finished four hours later at five minutes nfh r ft, lie balked
with i lint* brief intermissions. Twice he was interrupted by
Solicitor Horsey, who objected to the exhibition to the jury
of articles not entered in evidence and once he stopped for a
drink of water. When lie finished his voice was e'ear as at
the commencement of the ordeal. With his* last sentences he
held his auditors breathless. ■
H A newspaper man,'* he said, "called me the 'silent man
in the Tower/ T was silent because my counsel advised me
to be. They told me to wait until the proper time to tell
my story.
"This is the place. The hour is here. And gentlemen, I
have told you the truth and the whole truth/'
At any other time, in any other place, the conclusion would
have been melodramatic. Here it was simply the final appeal
p| a man pleading for his life— an eloquent appeal.
There was absolute silence in the court room for perhaps
ten seconds when Frank finished. Then the stillness was
broken almost simultaneously by the sobbing of Mrs. Leo Frank
and the laconic command of Attorney Arnold:
"Come down/'
The accused man stepped from the stand with just, as muck
s»di'-pOHsesion and just as sprightly a step as he had walked
upon it four hours before. Whatever may have been the
in on his mentality, there was no physical sign to reflect
it! lie resumed his seat between his wife and mother.
The younger woman threw her arms around him and sobbed
on his shoulder. Tie tried to comfort her with tender affec-
tion. The mother took her sou's head in her hands and kissed
him passionately again and again. She, too, cried, but did
not break down ;is did the wife, who was si ill convulsed when
Frank was led away by the sheriff to his quarters in the
Tow
Wh'-re Norm- mm svith their lilV \u the balance would be
Leo Frank was cool ami in complete control of all
his faculties; where some men would have been overcome,
he talked with tln< simplicity he would have employed in a
commonplace conversation; where some men's minds would
have been ehaiotU\ he performed complex mathematical prob-
lems in his brain.
Beginning with his birth in Paris, Tex. r he reviewed his
life briefly, He told u {attending school in Brooklyn, of going
Visit: www.CeoFrank.org
through college. He told of the organisation of th*- National
ii company ami of a trip to Europe to study the inamifac--
hire of pencils, He told of his life in Atlanta.
Thr days Bince ] warrietl liave baeao the happiest of my
id.
Without a trace of h- he told of Ins
daj he ts alleged to have murdered Mary Phagan Calmly
he flatly eont radieted tl lenls of Jim I'unh-y, the ie
whose sworn statement has placed him So olose to the galo 1
"The statement of Gdnley is a tissue of lies. I know noth-
ing afcoul the death of the little girl, and the accusation that
died him to help dispose of the body is a monstrous lie.
The statement that he saw £&e with women in an unnatural
position is a lie so vile that I havt? no word* to denounce
it. I have oo wealthy relatives in Brooklyn. My father is an
invalid, and he and my mother have only enough to live mod
erately on. There is no fund for my defense. My attorneys
will he paid by the disposal of a portion of the estate of my
parents/ 1
Just as eoolly he (Contradicted the sworn evidence of G. Ii
Dalton. "The statement that two women came into my office
for unmoral purposes is u base lie/ 1
During tin* recounting of his story, Prank stepped from
the Stand to explain the work of preparing the weekly tinan
.•ia! ^her-t of ih v. a part of his astantial alibi. ' *
Laying his papers on the rail which fronts the jury box
he addressed the twelve men who r.in smd him to death if they
so wil with just the same earnestness one can imagine him
. buyer desk in the factory of the National
Pencal company, lie discussed the figures and went, through
the computations as intelligently as if lie did not have the
lit of his life upon his shoulders.
On Saturday, April 26, 1 rose betv, d 7:30 and leisure
ly washed and dressed, had my breadfiist, caught ;i Wash
toil s*ne» i ia avenue ear I don't know which— at the
Wind Georgia avenue, and arrived
fcory on Forsyth street, the Forayth street plant, at
about 8::J0, that is my recollection.
rival at the factory, 1 found Mr. llolloway, the
watchman, at his usual p] 1 1 greeted him in my
I found Ahm/.o Mann .thr office boy, in the OtttfcT
Ok (M my Goal and hat and opened my desk and
the safe and assorted the various books and tiles and
111
Visit: www.LeoFrank.org
win containing thp various reapers that were placed
there the evening before, and distributed them in their proper
places about the office.
I should figure about 9:15 o'clock, a quarter after nine-
Miss Mattie Smith came in find asked me for her pay en-
velope, and for that of her sister-in-law, and I went to the '
safe and unlocked it and got out the package of envelopes
that Mr. Sehiff had given me the evening before and gave
her the required two envelopes, and placed the remaining
envelopes that I got out t fhat were left over from the day
previous, in my cash box, where I would have them handy
in case others might come in. and 1 wanted to have them
near at hand without having to jump up and go to the safe
lime in order to got them. T keep my cash box in the
lower drawer on the eft-hand side of my desk.
Mr. Darley left with me to M on tag 'a about 9 :&> or 9: 4 0.
and we passed out of the factorv, :i n<l stopped at the corner
of Hunter and Forsyth streets* where we each had a drink
at Cruickshank 's sodawatcr fount, where T bought a pack-
of Favorite cigarettes, and after we had our drink, we
1 together there for some time ,and I lighted a cigar-
ette and told him good-by, as he went in one direction and
I went on my way then to Mantag Brothers, where I arrived,
as nearly as may br. at 10 o'clock, or a little after.
On entering Muntag Brothers, 1 spoke to Mr. Sig Montag.
the general ma* the business- I spoke to Miss TTattie
Hall, the pencil company's stenographer, who stays at Montag
Brothers, and asked tier to come over and help me that morn-
ing. (Frank explained lore the work awaiting him for which
he needed help!. 1 returned to Forsyth street alone. On
arrival at Forsyth street, I went to the second or office floor*
and 1 noticed the c'oek, and it indicated five minutes after
II o'clock. I saw Mr. Ilolloway there, and 1 told him he
could go as soon as he gol reswjy. 1 then went into the office,
1 wen) in the outer office and found Miss Ilattie Hall, who had
preceded me over from Montag 'a and another lady who intro-
duce! herself to me as Mrs. Arthur White, and the office
boy \ Mrs. Arthur White wanted to see her husband. It was
about this time that 1 heard the elevator motor start up and
circular saw in the carpenter shop, which is right next
to it, running; 1 heard it saw through some boards, which I
,j was the work that Mr. ITol oway had referred to.
112
Visit: www.LeoFrank.org
It was about this time thai Mrs. Emma Clark Freeman and
Bliss Corinthia I Tall, two of the girls who worked on the
fourth floor, eame in and asked permission to go upstaira and
get Mrs, Freeman's coat, which I readily gave, and 1 told them
at the same time to tell Arthur White that his wife was down-
stairs. A short i inii- after they left my office two gentlemen
caiou in, one of them a Mr. (jiaiiam, and tin* other the father
ol a boy by the name of Earl Rurdette. These two boys
had gotten into some sort of trouble during the noon re-
cess the day before, and were taken down to police headquar-
ters, and, of course, didn't get their envelopes the uight be-
fore, and 1 gave the required pay envelopes to the two fathers,
and chatted with them at some length in reference to the
trouble their boys hud gotten into the day previous.
And just before they left the office, Sfoa. Emma l!lark
Freeman came into my office and asked permission to use the
telephone. I got Miss Hat tie Hall and dictated what mail
I had to give her. Miss Hall finished the work and started
to leave when the 12 o'clock whistle blew. She. left the
office and returned, it looked to me, almost immediately, call-
ing into my office that she had forgotten something, and then
she left for good.
(Here Frank gave a long explanation of the pencil factory
method of transcribing orders.)
To the be-;t of my knowledge, it must have been from ten
to lifteeen minutes after Miss Hall left my office when this
little girl, whom I afterwards found to be Mary Phagan, en-
tered my oiliee and asked for her pay envelope.
1 agkftd for her number and she told me. 1 went to the
cjihIi box and took her envelop*- out ami handed it to her.
identifying the envelope by the number-
She left my office and apparently had gotten as tar as the
door from my otliee leading to [he outer office, when she
evidently stopped and asked me if the metal had arrived, and
I told her no. She continued on her way out and I heard
the sound ol her footsteps as she went away.
It was a few moments after- sht- asked me this question
that I had an impression of a female voice saying something;
I don't know which way it came from; just passed away and
T had that impression. This little girl had evidently worked
in the metal department by her question and had been laid
off owing to the fact that some metal that had been ordered
bad not arrived at the factory; heme, her question, J only
118
Visit: www.LeoFrank.on
recognised tins little girl from having seen her around the
plant and did not know her name, simply idanti^ing hei
envelope from her having called her number to me.
She had >fi the plant hardly five minutes when Lemmie
Quinn. tht* foreman of the plant, eame in and told hk; that I
COlJd n<»t keep him &vr»y from tlm factory, even though it was
a holiday; at whieh I smiled and kept on working IJe first
asked me if Mr, SchiiV had eome down am] Hold him he
had not and he turned around and left] I continued work
until I finished this work and these requisitions and f looked
at my watch and noticed that it was a quarter to one. 1
called my home up on the telephone, for 1 knew that my
wife and my mother-in law were £01 Ug to ihe matinee and
1 wanted lo know when fcbey would have luueh. I jrot m\
house and Minola answered the phOTiC and said that '
would havn "uneh immediately and for me to floine right on
honnv
I then gathered my papers together and went up stairs to
the hoys on the top floor. This must have been, since I
had just looked at my watch, (en minutes to one I noticed
in the evidence of one of the witnesses, M*0. Arthur White,
she states it was 12$5; thai she passed by and saw me. That
is possibly true; I have no recollection obout it: perhaps
her recollection is better than mine:; 1 have no remembrance
of it, however. I cxpi-et that is
When I arrived Upstairs, I sa**- Arthur White and Harry
Denham who had been working up there, ami Mr. Whites
wife. I asked them if they were ready to go and fchey said
they had laid out SOUie work ami I had •> R£fi wliat work
they had done and were going to do. I naked Mr. WM1
wife if she was going or would Stay there as I would he
obliged to lOCk up the Factory, and Mrs. White said no, she
would #o then. I went down and gathered up my pa]
and loeked my desk ami Went around and washed my hands
and put on my hat and cowl ami h>< Ued the inner door io
my Office ami loeked the doors to the Rtrecta and started to
gO home.
Now, gentlemen, to tin- best of my recollection from the
time the whistle blew lor 12 o'clock until after a quarter
ri 1 went upstairs and spoke to Arthur White
and Harry IVuham, I did not stir out of tin- inner office; but
ir is possible that in order to answer a eall of uature 1 may
one to the toilet Those air things that a -man
114
Visit: www.LeoFrank.org
unconsciously and cannot tell how many times nor when
he does it Now. sitting in my o ce at my desk, it is im-
possible Tor me to me out into the outer halt when the safe
door ia open, an it was that morning, and not any is it
impossible for me to see out, but it ia impossible for people
to see in and sen me there.
(Frank told here of his hip home, his dinner. and his re
turn to the factory,)
I onloeked tin- street door anrd then unlocked the inner door
and left it open aud went on upstairs to tell the boys that
T had eon e back and wanted to know if they were ready to
go. At ihat time ihev were preparing to leave I fa&ni
imm-'dia M ly down to my office and opened the safe and my
desk and hung up my eoal and hat and started to work on
the financial report, which 1 will explain. Mr. Schiff had
nm come down and there was additional work for me to do.
In a tVw minutes after I started to work on the financial
sheet, whieh [ am going to take up in a few minutes, F heard
the bel T ring on the time clock outside and Arthur White and
Harry Denhani eome into the office and Arthur "White bor-
rowed $2 from me in advance on his wages. T had gotten
to work 013 the financial sheet, figuring it out. when T hap-
pened to go out to the lavatory, and on returning to the office,
the door pointed out directly in front. [ noticed Newt Lee,
the watchman, P.omi&g from toward the head of the stairs, com-
ing toward me.
1 looked at the elock and told him the night before to eouie
baek at 4 o'clock, for J expected to go tn tn( ' baseball game.
At that time Vwt L»r eanie along and greeted me and
offered me a banana out of a yellow bag which he earned,
whieh I presume contained bananas; 1 aeclhiBd the banana
and told him that 1 bad no way of letting him know how long
that I was to he there at work and that I had changed my
mind about going to the bal game. ] told him that he could
go if he saw fit for an hour and a half, but to be sure and
hr back by 8>?0 o'clock. He went off down the stain-as-
leading oui and 1 returned to my office. Now. in reference
to Newt [i*f. the watchman, tin/ first night life eame there
to watch I personally took him around the plant, first, second
and third floors and into the basement, and told him that In*
would be required, that it was ids duty, to go over that entire
building every hall hour; not only to completely tour the up-
per four floors bin Id go down to the haseuu'ut. and I specially
115
Visit: www.LeoFrank.org
most dangerous plages for a fire and I wanted him to bo
Stressed tha point that that dust bin along there was one of Un-
sure and go back there every hall hour and to be careful
how ho held his Ian tern. J told him it was a part of his
duty in look after and loek thai back door and he fully
understood it, and 1 showed him the cut-off for the electric
current and told him in case of ftre that ought to be pulled
so no fireman coining in would be electrocuted. 1 explained
everything to him in detail and lold him he was to make that
tour every half hour mu\ stamp it on the time card and that
that included the basement of the building.
'Frank at this point gave nn elaborate explanation of the
financial sheet, and his Saturday afternoon's work.)
I finished this work that I have just outlined at about
five minutes to 6, and T proceeded to take out the clock strips
from the clock which were used that day and replace them.
I won't show you these slips, but the slips that T put in
that night were stamped with a blue ink, with a rubber dat-
ing stamp, *' April 28/' at the bottom, opposite the word
"date."
(lie explained the time s'ips.)
As 1 was putting- these time slips into the clock, as men-
tioned, I saw Wwt Lee coming up the stairs. It was as near
as may be 6 o'clock. I finished putting in the slip and went
back to wash np. and as. T was washing, I heard Newt Lee
ring the bell on the clock when he registered his first punch
for the higfct, and he went down stairs to the front door to
wait my departure. After washing, 1 went down stairs — I
put on my hat and coat and went down stairs to tin* front
door.
As I opened the front door 1 saw outside on the street, on
the street side of the door, Newt Lee in conversation with Mr,
J. M. Oantt, a man that T had let go from the office two
weeks previous. They seemed to be in discussion, and Newt
[,<*•• told nie that Mr. Oantt wanted to go back np into the
office and he had refused him admission, because his instruc-
tions were for no one to go back into the factory after he
went out, unless he got contrary instructions from Mr, Darley
or myself. I spoke to Mr. Gantt, and asked him what he
wanted, lie said he had a couple pairs of shoes, a black
pair and a tan pair, in the shipping room, T told Newt it.
would be all right to pass Oantt in, and Gantt went in, Newt
Lee closing the door and locking it after him — I heard the
116
Visit: www.LeoFrank.org
boll turn in the door. I then walked up Forsyth street to
Alabama, down Alabama to Broad street, where I posted
two letters, one to my ancle, Mr. &L Frank, and mm to B£r.
Fappenheimer, $ jew minutes after 6, and continued on my
way down to Jacobs' Whitehall and Alabama street sto
where 1 went in and got a drink at the soda fount and bought
my wife a box <>i' candy. I then caught the Georgia avenue
ear and arrived home about 6:25.
(Frank told of calling up Newt Lee and detailed an ordinary
evening at home until he retired at 11 oc.oek,)
The next day, Sunday, April 27* 1 was awakened at some-
thing before 7 o'clock, by the telephone ringing, 1 got out
of bed, put on a bath robe ami wenl down to answer the
telephone and a man's voice spoke to me over the phone and
said — I afterwards found out this man that spoke to me
was City Detective Starnes Is this Mr, Frank, superin-
tendent of the National Pencil company P* ! says: 4 *Yes, sir. "
He says: M I want you to eonie down to the factory right
away." I say*: "What's the trouble; has there been a fire?"
lie says: "No, a tragedy: I want you to come down right
away. T1 '1 says: "All right.:" He says: "I'll %m& an auto
mobile for you/ * J says: "All right," and hung up and went
upstairs to dress.
f was in the midst of dresing to ^o with the people who
should come for me in the automobi e, when the automobile
drove up, the bell rang and my wife went down stairs to
answer the door; She had on just a night dress with a robe
over it. I followed my wife— I wasn't completely dressed
at that time; didn't have my trousers or shirt on — and as
soon as I could get together, get my trousers and shirt on, 1
went down stairs— following my wife in a minute or two.
1 asked them what the trouble was. and the man who 1
afterwards found out was Detective Black, hung his head and
didn't say anything
Now, at this point, t lose tun witnesses. Mr. Rogers and
Mr. Black differ with me on the plaee where the eonversa-
tion occurred, 1 say. to the best of my iveollect ion, it oeeur
red right there, in the house in front of my wife; they say
it occurred just as T left the house, in the automobile; but
he that as it may, this is the eunversatinn : They asked un-
did I know Mary FhagSUl. 1 told them 1 didn't; they then
said to me, "Didn't a little girl witti long hair hanging down
her back COme Up to your Office yesterday sometime for her
117
Visit: www.LeoFrank.org
money — a little girl -who works in the tipping plant! If I said.
"Yes. I do remember such a girl coming up to my office, that
f didn't know her name was Mary Phagan."
"Well, we want yon to come flown with US to the factory/'
and I finished dressing, and as they had said they would
bring me right hack.
I didn't have breakfast, but went right on with them in
the automobile made the trip to the undertaking establish-
ment vf>ry qmekly— I mean, they made the trip down town
very quickly— and stopped a I the corner of Mitchell and Pryor
streets. They told me they were going to take me to the
undertaker's first that I hey wanted me to Bee the body and
see if I could identify the little girl,
T went with them to the undertaking establishment, and one
of the two men asked the attendant to show us the way into
where the body was. and the attendant went down a long,
dark passageway with Mr, Rogers following. Then T came
and Black brought up the rear. We walked down this long
passageway until we got to a place that was apparently the
door to a small room — very dark in there, the attendant went
in and suddenly switched nn the electric light, and T saw
the body of the little girl,
Mr. Rogers walked in the room and stood to my right, inside
of the room. 1 stood right in the door, leaning up against
the right facing of the door, and Mr. Black was to the left,
leaning o nthe left facing, but a little to my rear .and the at-
tendant, whose name T have since learned was Mr, Oheesling,
was on the opposite side o ft he little cooling table to where
stood.
In other words, the little table was between him and me, TTe
removed a cloth and there was a deep scratch over the left
eye on the forehead; about the neck.
There was twine — a piece of cord similar to that which is
used nt the pencil factory, and also a piece of white rag.
After looking at the body, T identified that little giH as
the one that had been up shortly after noon the day previous
and got her money from me. We then left the undertaking
establishment, got in the automobile and rode over to the
pencil factory.
(Frank told here of the trip through the factory.)
Now, gentlemen, 1 have heard a great deal, and so have
you, in this trial, about nervousness, about how nervous 1
was that morning.
118
Visit: www.LeoFrank.org
Gentlemen, I was nervous. I was very nervous. I was com-
pletely unstrung. I will admit it. Imagine, awakened out
of ray sound sleep, and a run in the cool of the morning in an
automobile driven at top speed, without any food or break-
fast, rushing into a dark passageway, coming into a darkened
room ,aml then suddenly an electric light flashed on, and to
see the sight that was presented by that poor little child.
Why, it was a sight that was enough to drive a man to dis-
traction. That was a sight thai would have made a stone
melt. And then it is suspicious, because a man who is or-
dinary flesh and blood should show signs of nervousness.
Just imagine that little girl, in the first blush of young
womanhood had had her life so crueHy snuffed out, might
a man not be nervous who looked at such a sight?
Of course, I was nervous; any man would he nervous if
lie was a man.
(Frank told here of the trip to Police Station and then of hte
return to his home.)
Mter dinner 1 read a little while, and finally caught the
ten minutes of 3 Georgia avenue car going downtown. T
got oft' at the corner of Pryor an4 Mitchell streets and went
into the undertaker, Bloomfield \s, where I saw a large crowd
of people nearby on the outside.
On entering, I found quite a number of people who were
working at the pencil factory, among whom were Mr. Sehiff,
Herbert Sehiff, N. V. Darley, Wade Campbell, Alonzo Mann,
Mr. Spilter and Mr; Viginei 1 chatted with them a few*min-
utes, and I noticed that the people who were going in to
see the body where standing in line and moving, in, and that
others from the factory were going in and I thought 1 would
go in too and pay my respects.
1 went and stood in line, and went into the room again and
staid a leu minutes in tho mortuary eharaber.
The Htle girl had been cleaned up. Her hair had all been
cleaned and smoothed out ,and there was a nice white sheet
over the rest of her body.
1 returned to the front of the undertaking establishment,
and stood chatting with Herbert Sehiff and Mr. Darey until
the party with whom we had made the arrangements came up,
and we gave them the keys with instructions as to watching
the plant that night. Then Mr. Darley and Mr. Sehiff and
myself went down to police headquarters and went up into
Chief La n ford's office, and the three of us stood talking there,
119
Visit: www.LeoFrank.org
answering all suns of questions that not only Qhkkf Lan-
ford, but the other deteetivf&j would shoot at ms* and finally
.Mr J);nl» v said he would like lo talk to Newt Lee.
Then ha went into another room, and I presume they
brought Newl Loo up from the cell, so In* could talk to him.
When Newt Lee was gone, tin* detectives showed us the
i wo notes and ttfti pad back with still a few unused leaves
tD it, ami the pmcil thai they claimed they had found down
in tin- basement near tin* body.
(Prank cited vain attempts to disciplu-r the notes, of leav-
ing, passing by the pencil factory, where they saw a *' morbid"
crowds and of returning home; he told of going to the police
Station Monday and of interviewing detectives there*; he also
fold of being taken To the pencil factory and shown blood
spots on the floor of the metal room.)
(Frank told here of retaining Hairy Scott; lie also told of
his actions on Tuesday, when lie was arrested at the pencil
factory and taken io police Station*)
It was about this time they look me from upstairs to the
sergeant's desk and Detectives Ktarnes — John M. Starnes. I
think his name is — came in and dictate*! from the original n
notes that were found near the body, to me to got a sample
of my handwriting.
They took me then to a room on the top of the building and
Isat in the room there ami either read magazines or news-
papers and talked to my friends who came to nee me until —
1 was about to retire at midnight, 1 had theh cover of my
eot turned back ami I was going To tied when Detective Scott
and Detective Black, at midnight, Tuesday. April 20. came
in and said :
"Mr. Frank, wc would like to talk to yon a little bit. Come
in and talk to us/
I says 1 will be only too glad bo/ 1 I went with
them to a little room on the top floor of the headquarters. In
that room was Detective Scott ami Detective Black and my-
self. They stressed the possibility of couples having been let
into the factory at night by the night watchman, Newt Lee.
1 told them that I didn't know anything about it, that if
I had. I certainly would haw put a stop to it long ago. They
said: ''Mr. Frank, yon have never talked alone with Newt
Left. Von are his hoss and In* n-spifts yon. See what you
do with him. We can't gel anything more out of him,
if you can." I says: All right, I understand what you
120
Visit: www.LeoFrank.org
mean; I wil! tin m\ best/' because I was only too willing
to help.
Black sins; "Now, put it Bttoug to him, and tell him to
cough up and tell all he knows. Tell him that you are here
and that he is hen- and that he better open up and tell all he
knows about happenings at tin- pencil factory that Saturday
night, or you will both go to hell.' 1 Those were the del
lives' exact words.
1 told Mr. Black I eaughl his meaning, and in a Jew miu-
ulcs afterwards Detective Stamps brought up Newt Lee from
the cell room, They jnii Ni-wi Lee into a room and hand-
cuffed him to a chair, I spoke to him at sumo length in there,
but I couldn't gel anything additional out of him.
lie said he knew nothing about couples enming in there at
night, and tamembgriug the instructions Mr. Black had given
me I said: "Now, Xewt, you are here antl 1 am here, and
you had belter open up and Ml nil you know, and tell 1 tie truth
and the full truth, because you will get m both into lots of
trouble if you don't tell all yon know/* and be answered me
like an obi negro: "Before God, Mr. Frank, 1 am telling you
the truth and 1 have (old you all 1 know. 1 *
And the conversation ended right there. Within min-
ute or two afterwards I he detectives came baek into the room.
thai is, Detective Scott and Detective Black, and then began
questioning Newt liee, and then it was that 1 had my flrfcl
initiation into the third degree of the Atlanta police depart
ment. The way thai fellow Black cursed at that poor old
negro, Newt Bee, was something awful.. He shrieked at him;
lie hollowed at him \ he cursed and did everything hut beat
him. Then they took Newt Bee down to a ee.11 and F went to
my eot in the ouler room.
Now before closing my statement 1 wish to touch upon a
couple of insinuations and accusations other than the one on
the bill of indictment, that have been leveed against me so
Ear daring the trial. The first is this, the fact that T would
not talk to the deteetives; that 1 would not see Jim Conley.
Well, let'fl look into the facts n few minutes and see Whether
there was any reason for that, or if there be any truth in that
statment.
On Sunday morning I was taken down to the undertaking
establishment, to th/'faetory and 1 went to headquarters. 1
went lo headquarters the seeond time, going there willingly
without anybody eenning for me. On each occasion T answer
121
Visit: www.LeoFrank.org
ed them frankly and unreservedly, gving them the benefit
of the best of my knowledge, answering all and any of their
questions, and discussing the matter generally with them.
On Monday they came for me again. T went down and
answered any and all of their questions and gave them a
statement which they took down in writing, because I thought
it was right and I was only too glad to do it. I answered
theia and fold them all that I knew, answering all questions,
Tuesday 1 was down at police station again, and answered
every question and discussed the matter freely and openly
with them, not only with the police, but with the reporters
who were around there ;talked to anybody who wanted to
talk with me about it, and I have even talked with them
at midnight when I was just about to go to bed.
Midnight as the time they chose to talk to me, but even
at such an outlandish hour I was still willing to help them,
and at their instigation T spoke to Newt Lee alone, but what
was the resnH? They commenced and they grilled that poor
negro and put words into his mouth that T never said, and
twisted not alone the English, but distorted my meaning.
1 just decided then and there that if that was the line
of conduct they were going to pursue I would wash my hands
of them. T didn't want to have anything tn do with them.
On the afternoon of May 1, T was taken to the Fulton county
tower.
On May 3 Detectives Black and Scott came up to my cell
in the Tower and wanted to speak to me alone without any
of my friends around, Isaid all right, T wanted to hear
what they had to say that time. Then Block tore off some-
thing like this: "Mr. Frank, we arc suspicious of that man
Darley. We are watching him; we have been shadowing him.
Now, open up and tell us what you know about hira."
T said: "Gentlemen, you have come to the wrong man, be-
cause Mr, Darey is the soul of honor and is as true as steel.
He would not do a crime like that, he couldn't do it."
And Black cherped up: "Come on, Scott, nothing doing, '
and off they go. That showed me how much reliance could
be placed in either the city detect our own Pinkerton
detectives, and T treated such conduct with silence and it
was for this reason, gentlemen, that T didn't sec Conley, sur-
rounded with a bevy of city detectives and Mr, Scott, because
T knew that there would not be an action so trifling, that
U 122
Visit: www.LeoFrank.org
there was not an action so natural but that they would dis-
tort and twist it to be used against me.
(Frank denied here the implication that he knew Conley
could write and didn't tell the authorities.)
The statement of the witness Da I ton. be continued, is utterly
false as far as coming to my office and being introduced to
me by the woman Daisy Hopkins is concerned. If Dalton
was ever in the Factory building with any woman, I didn't
know it. I never saw Dalton in my life to know biui until
this crime.
In reply to the statement of Miss Irene Jackson, she is
wholly mistaken in supposing that 1 6Vfir went to a lady's
dressing room for the purpose of making improper glances into
the girl's dressing room. 1 have no recollection of occasions
of which she speaks, but 1 do know that that ladies' dress-
ing room on the fourth floor is a mere room in which the
girls change their outer clothing.
There was no bath or toilet in that room, and it had win-
dows opening onto the street. There was no lock on the door,
and 1 know I never went into that rom at any hour when
the girls were dressing, These girls were supposed to he at
their work at T o'clock.
Occasionally 1 have had reports that the girls were flirt-
ing from this dressing room through the windows with men,
It is also true that sometimes the girls would loiter in this
i when they ought to have been doing their work* It
is possible that on some occasions I looked into this room
e if the girls were doing their duty and were not using
this room as a place for loitering and for flirting.
These girls wen- not supposed to be dressing in that room
after 7 o'clock and I know that I never looked into that room
at any hour when 1 had any reason to suppose they were
dressing.
Gentlemen, I know nothing whatever o fthe death of little
.Mary Phagan. 1 had no part in causing her death nor do
I know how she earn** to her death after she took her money
and left my office. ! never even saw Conley in the factory
or anywhere else on that date, April 26, 1913.
The statement of the negro Conlep is a tissue of lies from
first to last. I know nothing whatever of the cause of the
ith of Mary Phagan. and Con'ey 's statement as to his coming
up and helping rate dispose of the body, or that I had anything
to do with her or to do with him that day. is a monstrous
He.
123
Visit: www.LeoFrank.org
The story as to women ooming into the factory with mfc for
unmoral purposes is a base lie, unci the few occasions that
he claims to have seen no* in indecent positions with women
is a lie *" vile that i have no language with which to fitly
denounce it.
1 have no rieh relative in Umoklyn, N\ Y. My father is
nn invalid. My father and mother together an- people of
\>-vy limited means, who have barely enough upon which to
live.
My father is noi able t<» work, I have no relative who has
any menus at all. tixcepl Mr. M. Frank, who livrs in Atlanta,
ti'a. Nobody lias raised a fund to pay tin- lam of my at
torueya. These tv«*s have been paid by the saeritiee in pari
of the small property whisk my parents poaeeai*.
Gentlemen, some newspaper men have allied me "the si' cut
man in tin- tower, and J kept my silence and my eounsei ad
visedly. until the proper time mid plaee. The time is now; the
place is here, and I have told yon the truth, the whole truth.
Tile eourl was still as Frank left the Stand.
With the statement lit" the flefeudantj the state rested its
case. Tuesday morning Solicitor General Horsey opened in
rebuttal. He first attacked the character of Daisy Hopkins,
Numerous witnrssrs said that she had home an unsavory
reputation during and tolowiiig the time she was employed
at the factory. A strict ear motorman deelared that he had
visited her room by appointment one night and that she had
showed him teeth marks on various parts of her body. The
girl told him that her foreman had hitten her. the witness
stated.
A youth who had been employed in tlm factory for a few
weeks several months prior to the murder declared that he
had seen Frank talking to Mary mi one nceasinu. The wit-
ness slated that the eouversation hail taken plage in the
metal room near the little girl's machine, Se had heard
Frank remark to her: "You've got to talk to me. I'm the
superintendent of this faetory." This wan in reply, he said,
to a remark of tin* girl that slm "mufct get to work
On Tuesday l lie state made a determined effort to prove
that Frank was not of good character, A severe hlow was
struck when Judge Boaa rued, after an hour or more of
argument between the opposing counsel, that tin-state could
not introduce apeeifio aeta of misconduct against the defend-
ant. As far as the eoOTi would permit him to fro was to
124
Visit: www.LeoFrank.org
put the girls whom the state declared were willing to tastii>
that Frank had made indecent proposals to them on the stand
to testify that the accused wan of bad character. Thin dis-
heartened the state, but nearly a score of girls were called
during the day, who declared that Frank's character for las-
eiviousness was bad. Miss Myrtiee C&tO was the first of these
witnesses called.
"Are you acquainted with the general character of Leo
M. Frank, prior to and including April 26, 19KJt" asked
the prosecutor,
-Yes."
"'Was that character good or bad?"
"Baa."
"Did you ever work at the National Pencil factory?"
"Yes."
'When did you stop work therei"
"On April 28,"
"How long did you work there?"
'Three and a half years."
"What floor did you work on?"
"The fourth floor."
"She is with you, gentlemen," said the solicitor, turning
to the attorneys for the defense, he having exhausted the
questions allowed him by the law,
"Come down," said Attorney Rosser.
The defense thus refused to cross-question these witnesses.
As it was impossible for the state to get the testimony be-
fore the jury direct, and the defense refused, the twelve
jurymen were left, in ignorance as to how serious that evi-
dence might have been had it been brought out.
Miss Maggie Grifiin was the next witness. She testified
in answer to the same questions that she knew the geneiai
character of Frank and that it was bad. She said that she
worked at the factory for two and a half months and that she
worked on the fourth floor.
Solicitor Doraey paused a moment and Attorney Kosser
in a low tone asked the witness: "When did you quit work
at the factory f* She answered that she quit in February.
"Wait a minute/' said Solicitor Dorsey. "I'm not through
yet. 1 '
"I beg your pardon," said Attorney Rosser. "1 thought
you had finished."
12S
Visit: www.LeoFrank.org
"Now. said rhf* solicitor; I am going to ask you a ques-
tion, and I don't want you f <> answer it until tin* judge tell*
you whether you can answer it or not. An- you acquainted
with the general character of E*fc© M. Frank as to Ww rela-
tions with women."
immediately there was an objection from Attorney R
Dorsey contended that the testimony of tin? detente s wit-
ness put in issue this specific pi Prank's
The jury was seat out.
Attorney Kosser insisted thai tin- slat*- could not show any-
thing but general character- 'I thought/ 1 Bald be, "Unit
your honor had ruled to thai efftefrl already/'
Solicitor Dorsey replied by saying: "Your honor rued
that we could not show speeitie iustanees, and to that ruling
we submit This, however, i* a different proposition. The
statement by the defendant fob the ]urj that he never had
women in his ofiiee put that phase of liis character in issue."
"Now. your honor." continued the solicitor. "while the
jury in nut I want to slimy hy this witness that she saw Fr
go into the dressing room on tile fourth floor with 'Hie of the
foreladie>. and thai no one else wa> in there at the 1 im*-.
Attorney Rosxer ohjeeted strenuously.
Solieitor Dorsey eontinued: "i Vrtaiuh . your honor, we arc
entitled to show that one of the very witnesses of the defense,
who testified that she knew of n.» wrong eonduet on the part
of the defendant and that she had never been guilty of any
wrong eonduet with him, was seen hy this witness to pro into
the dressing room with him on the fourth floor/'
Judge Roan: "Are you offering this testimony in rebut-
tal to the testimony of the lady you speak of?"
Solieitor Dorsey: "Yes, sir, ihatV exactly the way we
ate offering it."
Attorney Kossi-r ohjeeted on the ground that the testimony
of Their witness*-*- towit. the women who work on the fourth
floor, was offered in rebuttal to the testimony of James G
ley.
Judge Roan: "I rate, Mr. Dorsey, tlfat if you undertake
to show a disiim-i etm uuony will not he admissi-
ble. But if you otTer the testimony in contradiction to the
testimony of one of the witnesses for the defense, I think
you ean put i1 in. Also, I am 'inclined to think you can
show the defendant's character as to his relations with wom-
en.
126
Visit: www.LeoFrank.org
tormyy \{ -;x M i- ,i„! \\w ruling with the., demand that be>
fore the holicitor ctould pffci the testimony aa a eoniradiciion
of fche defejlae witness, the defense witness must first hi* pni
back on tin 1 stand by the solicitor for eras* examination. This
demand v^aa based on bra contention thai the defense win-
had testified tf n'iuhu'1 in Frank's ofiiee.
"A1I right/' said the iotioi'tor. "Bring in .Miss K&b<
Carson/'
The jury returned to the enurt room.
ifisa ^liH'in continued ( m the stand-
■ Mo yon know tin- genera] character of hm M j , Frank as
to his attitude toward wom<-nf"
"Yes, I do!"
"What is it?*'
'Had/*
Under crosj^ex&mination by Attorney Rosser.
"How long did yon work at th* 1 factory!;* '
"Two month*."
-What floor?"
"Fourth/"
"Whom did yon know there?"
The witness named srvera" young women.
"What did yon do when yon left the factor;
"I didn't work for two months, and then i went to the
cotton mills."
"Where do you live?'
"*A Evans drive. Fort MaPhersoE
This concluded the eross-examination. and Solicitor Dor-
recalled Miss Myrtire Cato.
The solicitor asked &0®a OatO if she knew Frank's jren
oral character as to his relations with women, and she re-
plied "No." She was asked by Attorney Rosser where she
works now. she replied, "Cone's drug store./ 1
In reply to other questions, she said she lives at ">0 Tumlin
ft, and that she worked in the factory tor over three
years.
Mrs. R. M. Dunnegan Wfl* the next witness. She answered
th*> solicitor^ questions, saying that she knew Frank's gen-
era' character and that it was had. In reply to the qnea
tion as to whether or not she knew of Frank's relations with
women, she said no. The witness slated that she worked
at the laetory two years atfO for two or three weeks. At thai
time, she 0atfdj she was fourteen years old.
127
Visit: www.LeoFrank.org
i
She was excused without cross-examination.
Mrs, II. J. Johnson, of Stonewall, Ga., was Galled. M
Johnson said she worked at the panel] factory two months
doling 1910, She said Prank's general reputation whs had.
Asked if she knew of his relations with women, she said "not
very jfl&ueh, 5j Tfa court held that the solicitor could ask
no further questions.
Many women Followed in rapid succession. The defense
neglected to eruss-i-xaininc all. except tO ask them their ad
rlri's:-
One ol the women .according to Solicitor Dorsey, was ready
to testily that Frank hail made an indecent, proposal to her
in his private office, ftnij that she had brought a monkey
wrench into nse before she escaped from the room,
Another, the solicitor asserted, would tell of a lascivious
proposal made by Frank which indieated that lie was abnor-
mal.
Miss Dewey lleuell. who was brought to Atlanta from the
Horns of the Good Shepherd in Cincinnati, especially to tes-
tify, said that Frank hud known Mary Phagnii and that she
had seen him in conversation with her.
Mlow often wou'd he talk to her!" the witness was asked.
"Komc times two or three times a da;
"What did you see him dot"
"I saw hin! pnt his hand on her shoulder.
"Did In- do anything eti
\n. sir, I didn"l see him do anything ♦ ■
''Did he eall hei' by any name, and if so. whr<
"Yes. sir, he ealled her Man
"Where tlid he stand when be talked to her?"*
"lie would stand close to lor '
Wednesday afternoon, August 20, both sides rested. The
introduction of sub- rebuttal evidence took \m% little more
than mi hour in the afternoon and the state had finished its
rebuttal soon after the non recess. The tetsimony of wit-
nesses -who had figured in the time alibi of Frank was at-
tacked as we 1 as that of the physicians who refuted the evi-
dence of Drs. Harris and Hurt.
Nathan Sinkovitz, a pawnbroker, swore that M. B. Mc-
Coy, who earlier in the trial had testified to seeing Mary
rhaguii on her way to tin- pencil factory about 12 o'clock
on i he day of the murder, had pawned his watch with him
128
Visit: www.LeoFrank.org
in January and that the timepiece bad remained in Ufa pon
session until Augu
Others refuted the BtAtemexitjB <m the ear men thai
Mary had not been accompanied by little George Epps when
she eame to town on the fatal day.
I M AI'TKRXXI.
Lawyers Laud and Denounce Frank
I it un eloquent KpeecU, replete with word pictures, sum..-
sarcastic, sometimes pa? inies lin* but
at all times dramatic, Attorney Frank A. Hooper, Thurs
Morning I the state's argument tor the conviction of
Leo If, Fnmk for the murder of Mary Pbagaa. He conun&need
• lays of oratory, unparalleled in the history of Georgia.
Mr, Hooped began hi* speech by declaring to tin* jury thai
the state was nut seeking a verditc of guilty unless the defend-
was gui'ty, and that Hie itate cheerfully assumed the
burden tag him guilty.
-•Thin tnan '' In said, pointing to Frank, "should hot be con-
:w lite law is & h victim. We are not look-
in- hir blood. We are wjnply ieeWng to find and punish the
murderer of little Mary Ptoagto."
Mr, Hooper scored the conditions existing at the pencil fa*-
tory, called attenti he fact that after many witn-
had sworn that Frank's eharaeter was bad tie defense had
failed to interrogate them as to why they held to such opin
inns.
He described the defendant as a Dr. Jekyl and Mr, Hyde —
h man who was congenial with two widely different w
of associates. Mr. Hooped declared that Jim Cotdey hod
Btood ike Stone Mountain in the face of the terrific bom-
hardment directed at hint by Attorney Rosser in an efl
to break him down.
The effort failed saul the speaker, bedauec Conlcv had, af-
ter felling many li ntually am the truth.
rhaps the most dramatic portion of Mr. Hooper's speech
was when be saidi "One the defendant the benefit of ev
129
Visit: www.LeoFrank.org
doubt, the circomata low thjM bfi either killed Uxis [i1
girt, or sat there in his office and let the negro kill her and
draj? her body down the hall to |h« elevator Wd take it down
This mn? in 1 he metal room
and if occurred while Moiv ver was in Frank V of?
Mr. II nded the jury that although Krank had
sworn that he did not leave his office b* 12 and 1 o'elo
the Stover £rir! had tro> during thai period and found
thr« Office <*»':
u l don't believe Prank had mnr.de? in ins heart when
followed Mary Phajzan hack into the metal room/ 1 said Mr
Hooper, "hut he had in his heart the tostfu] i up
For Hvis little girl. He was lolling her when Montcen St<<
earne to the oflfo
Hooper ton i the evidence only in a He
t more with the law. ITe defined the reasonable doubt.
told the jury of the value of character testimony* of the worth
of eiwmmstantiaJ eviden
Atton npied less time than any of (lie others
who fallowed him. Attorney Arnold, who succeeded him on
The floor, argued four fctflTS and fort and Luther
-• !■ took exactly the same time, Solicitor Doraey talked
eleven and twelve hours, making one of his longest
spe: tade by a prosecutor in mal case in
ih. * \
fully p» i convincing sp<
oo'd (festive than in the Frank trial.
II • ooriag his words, pausing for em-
phasis, and the a master aetor eonld not have been
more dramatic.
His tall form enabling him to see and he bi ■ ^^vy <-or
I room .-Hi quality of his
voice rising high above all other sounds, he eatiidit and h
ntion n\ and jury alike with the magi<» of
hi* tee.
H t by picturing the jui I above and apart
;<nd
bearing nothing pnVie discussion of the trials in order
illy weitrli the evidence and make up
their verdict without bias or pri
TloMi. turning to address the courtroom rather than the
jury. Attor noId excoriated the *' long-tongued, loud-
talking sap-heads who immediately conclude thai a man is
130
Visit: www.LeoFrank.org
LEO M. FRANK the Accused.
131
Visit: www.LeoFrank.org
guilty the moment the finger of suspicion is directed towards
bin,"
He denounced those who would punish the defendant "lor
no other reason than that he is a Jew.'* He declared that
if Fran,k had not been a Jew he never would have been prose-
cuted.
He paid his respects to the jury by saying they are "way
above" the average. "I'M not saying this to flatter you/'
said he. "I reckon 1 have tried eases before a thousand
judges, and I'm telling you the simple truth/*
**Leo Frank comes from a race of people that have made
money/' he said. "And that has made some people envious.
1 tel everybody, all within hearing of my voice t that if he
hadn't been a dew he never would have been prosecuted.
That negro Conley lias been brought into court to tell his
own talc, not corroborated but prompted. I am asking my
kind of people to give this man fair play. Before I'd do a
Jew an injustice. l T d want my throat cut from ear to ear. This
is a ease that they've built up by degrees. They've got a
monstrous perjurer here by the name of Conley. And they
brought a man up here who before this crime nobody had ever
said a word against ,and asked you to believe this negro against
him.
•'There is always such evidence in a criminal ease and al-
ways a preiuonitiion of such evidence. After the trial was
in progress two or three weeks they got a lot of floaters, and
they testified. In my criminal experience I have seen a lot
of such witnesses. 1 don't know whether it's imagination
that makes them do it, but there is a certain c'ass that is
always ready to offer evidence. \Wve got a lot in this case
that shouldn't be in. It's been put in to prejudice your mind
against the defendant/'
He took up every detail of the slate's theory and with pow
erf ul logic undertook to show that this theory is unreason-
able and absurd.
Then as to Conley. If he had been the solicitor and the ne-
gro had been the defendant charged with the murder of Mary
Phagan. Attorney Arnold conld not have surpassed himself in
trying to convince the jury of Conley ? s guilt.
lie argued that the brutal manner in which Mary Fhagan
was killed is characteristic of a negro. ,k This man/' said he,
df Frank. u does not come of a violent race/* He argued
that Coney's opportunity for killing the girl was vastly bet-
ter than Frank's opportunity,
132
Visit: www.LeoFrank.org
His theory, constructed with consummate skill, was this.
That Conley, on that Saturday morning, was half drunk, hi*
passions inflamed, crazy for money ;; that he lurked in the dark
passageway on the first floor at the foot of the stairs, accord-
ing to his own admission;; that he watched with greedy *
every woman and t;irf who pissed, as shown by his describing
<m the witness stand in minute detail the kind of dresses and
shoes worn by the girls; that Alary Phagan came down <iu-
stairs with her mesh bag in her hand; that Conley grabbed
it, she refused to turn it loose and screamed, be struck her
the blow over the left eye and knocked her down, arid nhe
got the blow on the bark of the head as she fell; that Oonley
dropped her body through the elevator shaft, hung around
the factory until Frank 'eft, went down into the basement and
liiiinhecl his brutal work, that then t finding the front door lock-
ed and also being afraid to show himself on the front, broke
open the back door of the basement and went his \\
The law is that before a man can be convicted on circum-
stantial evidence the eeireumstauees must be so strong :»
rxelude every other reasonable hypothesis except that of the
Ifllili of the accusal.
If Attorney Arnold himself had laid down this principle to
lit his case, hi 1 could not have made it lit the case more per
fectiy to suit his immediately pttrpoae of clearing Frank.
His job was to convince the jury that Mary Phagan\s mnr-
der ean he explained just as easily— if not more easily — on the
theory that <\iule\ did it, as on the theory that Frank did it,
"Suspicion/' he said, "first was directed to Frank because
he wan the only man in the factory. He was the only man who
had an opportunity to do it. Deuhani ami White were on the
fourth floor, and probably Mrs. White, too. They say they
don't know any thing about it, ami 1 don't believe they do.
Nobody knew anybody was down by that elevator hole, the
most favorable part of the factory tor a crime, until lon<r
after Frank had been arrested. It did not crop up for w-
Hut by that time the police were after Frank.
First, they started on Newt Lee. If he had been a weak
and yielding negro, and had seen he could get favor from the
pOliee by telling a fairy tale on Frank the police wouM have
thought* thev had put a feather in their cap. .Mr. Siavnr*
niav think he is working fur truth and justice, but 1 don i
think so. It's like that decision from the court of appeals
that I read to you this morning. Evidence earned bf ??*'-
133
Visit: www.LeoFrank.org
seeution or torture or the third degree ia dangerous evidence,
I don't believe Stames or Black would write out something
and say, 'Swear to that/ But they didn't have to.
"Con ley could construct a whole story simply because they
said to him, ' You can't swear to that. Nobody will beii
you,' I've heard people say that Conley couldn't have thought
this up; he didn't have the imagination. Everybody who
has ever been around a court house much knowfl that aegr
ike children have an unlimited capacity for imagination, My
friend Hooper this morning said. TEtow did he know so much
about Frank?' He pointed to thai word 'chat.- Why every
body knows thai negroes mock their bosses aud try to learn
their expressions. I'vm aeen three or four of them together
trying To talk Iik>- their boss does.
as that negro j av Ul n i s <. e p a j police station, h*- conjured
up the story thai he has told; and it was monstrous.
I don't suppose much was thought of it when Conley said
he couldn't write. A lot. of negroes can't. But then they
found the pawn tickets after two or three weeks, and the
writing on them was identical with the writing on the 001
They confronted dim with it and finally he admitted it. Am
soon as he copied off the notes, it was apparent that he wrote
the originals. Seeing he was .aught, he finally made this first
miserable confession.
"Il< was conjuring up a pot to save himself, lie hail weeks
and weeks to do it. He knew they were trying to make a G
against Frank. He knew they were trying to indict Frank.
It was the must natural thing in the world for him to put the
blame on Frank. And he had smooth sailing in doing it.
When he did it, he said he did it because Frank wouldn't
stick to him. 1 don't suppose in criminal annals a priso
T had a better ehunee to lay a crime on another than
here.
11 And he had earnest hearers, these detectives wen- afraid
they would be criticised if they did not press the case aga
Frank, lie was :J w«*ll known man.
*1 am partisan, gentlemen, and I admit it. And the solici-
tor says that he is not. find knows, gentlemen. I've never
heard such pari isausbip in imy court before. I never heard
a solicitor general, sworn to enforce the law impartially, says:
'I'll go afl far as the court will let uuv he said when checked
by the court, llnw far did he go, out of court? Nobody but
: ever will And if the length the solicitor general
134
Visit: www.LeoFrank.org
that high official, has gone can im measured only by the inti-
what length do you suppose these detectives went!
''There is only one Other man besides Dalton, who said
that he, Dalton, had beep in the factory with a woman. And
he said that Dalton wont into the factory with a woman be-
tween 1 and 2 o'clock — when Frank always was at lunch.
This man. and T have no reason to believe be was not telling
the truth, says thai he only saw Dalton enter the front door,
and does not know where be went inside the building. That
a1 a tame when the same entrance was used by the f"»ark
Wnodrnwarr Company and by the pencil factory- But gen-
tlemen I am prepared to admit thai Dalton left an oozy
trail of a serpent, whether he went to the factory or to the
woodenwnre company.
'Now. gentlemen, is there anything elae except the inci-
dents where Prank w;is eonnected— and I'm coming to that
later— againift the factory! Ts there anything indecent, any-
thing that would make, it different foam other factories!
Think of a faetorv that had on it the keen eyes of Starnes.
who stops at nothing; the watehfnl eyee of Blacfc whom T
love and whom T want to put my amis around every jaine
■e him : and the eagle eyes of Pat Campbell, who didn't
dare to <ro on the stand for fear TV! ask him how he
those statements from Conley; and the eyes of Scott, who
was one of that lovely quartette, Is there a factory in Geor-
gia that eouM stand the searching probe whieh they gave
this one!
"1M us sop. Tn the first place, we've bad a mighty up-
hoaval in Atlanta in the last year or two, My friend Beavers
written a new decalogue, find he Iras searched the town
with a fine tooth comb, hunting for wrongdoers. He has put
on a vice squad — 1 was near Raying an immoral squad, but T
won't, A vice squad has been searching the city for every
louse on the bead of the body politic TTad this faetorv been
polluted, would it have escaped"
"Would Kchiit over there, or Dalton, or any one of a hun-
(\rf be at large today, if they had been running a dis-
orderlv house in that factory! One of the ernelest thing*
that mv friend TTooper said— and be doesn't want to be cruel,
he is so mild that he can't do much barm-was that the evi-
dence showed that Sehiff and Dar'ev were immoral. There s
a thine; to show milt or misconduct on the part of that
tnm Rehiff not ;> line of evidence
185
Visit: www.LeoFrank.org
Solicitor Genera] Hugh 81 Dora i the tuuM
wkable of tin- trial, He was on tbe fioor more than eleven
hours and talked an parte of three different days. Beginning
wrben Attorney Roster dosed Friday afternoon he talked un-
til adjournment resumed again Saturday morning, and spoke
without a stop nnlil 2 oViock in the afternoon, when court
: until Monday morning. On Monday he resumed his
argument and did not complete Ids address until noon.
The principal reason Cor rh< long adjournment was the fear
of reluming a verdict oil Saturday night with the center
town flooded with peop
Dorsey sovtfred every point of toe case fully and faithfully.
II- clinched every fa<M he had brought out. And his arraign-
ment of Frank was probably tin- most hitter that haa ever
aimed at a defendant in 8 murder trial in the whole
<\vy\ He termed him a "man with a reputation, but
character/' as a "man not like other man/* and likened him
t M Oscar Wilde, the famous literary genius, to Durant, the
famous San Francisco slayer, and to Pastor Rieheson, of
ton.
Every time lie emerged from the building Dorsey was greet-
ed with plaudits. The hulk of the people commended his at-
titude and his wonderful effort to make sure tbe
of *hr> young factory superintendent.
"This is not on'y an important ca$e It is an extraordinary
ease. The crime was extraordinary— an awful crime, a most
heinous erims, the crime of a demoniac. The erime demand-
ed vigilant earnest, couaeieutious effort on the part of your
detectives and on my part, And it demands earnest con-
sideration on your part. It is important because of the im-
portance, standing and ability of counsel pitted against Qi —
four of them— Messrs Arnold and TtosM-r. ahd the two Me:
Haas.
"Extraordinary b< of the defendant. Extraordinary
hceause of the manner in which these gentlemen have argued
the case; Mr. Rosser, the rider of the wind and stirrer of
the storm, and Mr. Arnold* as mild a mannered man as
ever ent a throat or scuttled a ship. They have conducted
themselves extraordinarily.
They have maligned and abused me and the detectives.
They heaped calumny on m*- to such an extent that the good
mother of the defendant here arOfift and in this presence de
1S6
Visit: www.LeoFrank.org
» m •
fc*
uounced me as a dog. It is an old adage, and it is true, that
no thief over felt the halter draw with a good opinion of the
law."
Turning toward the defendant and his party of friends,
Mr. Dorsey continued :
''I don't want your good opinion. I neither ask it nor
k it. And if you did give it to me, I would douht my
own honesty. 'Prejudice and perjury/ says Mr, Arnold. And
then they use that stereotyped phrase, 'It fatigues my in-
digmition' to argue this en^e. Don't 'et this precious indig-
nation disturb your nerve and deter you from your duty.
They ought to have been indignant. They have been paid
to play the part.
'Prejudice and perjury/ they say. gentlemen. Do you
think that 1 or the detectives have been actuated by pr-
jndice? Would we, sworn officers of the law, have sought
to hang this man beeuuse of raeial and religions prejudice,
and passed up Jim Conley, a negro! Prejudice! When Oantt
was arrested and then released: when L$e was arrested and
exonerated, lint when you get Frank, you gel prvjm:'
they say.
4, Let us 800. They were disappointed. The ease was noi
pitched on the fact that this defendant is a Jew. By no word
or uet in riiis ease have we indicated that he was Jew or Gen-
tile, or black or white. We would have despised ourselves
if we had asked for conviction on account of prejudice;
"The first time prejudice was brought into the ease, i; wa>
brought in by fcheta and brought in for a purpose. 'Hover
have I seen two men so delighted as Rosser and Arnold when
rhvy put those questions to Keudley. Never will I forget
that scene. We did not put it in, and prejudice is not in this
case.
"Mark you, they, not us, raised the erv of prejudice,
"I say here and now the raee from which this defendant
eonies is as good as ours. His ancestors were eivilized when
ours were eating human flesh, I honor the raee that prodtieed
Disraeli. I honor the ra.ee that produced J. I\ Benjamin,
as great a lawyer as over lived in America or England — and Jo*
lived in both. 1 honor Strauss, the diplomat, ami the man
who went down with the Titanic. I roomed with a man of
this defendant's raee nl eollejje. And one of them is my
business partner, 1 honor Rabbi Mark, and I listen to him
with pleasure and pride.
137
Visit: www.LeoFrank.org
"But, gentlemen, when Becker wished to put to -death
Rosenthal, it was men of Rosenthal -a race that he sought lor
bis pun U)e Hummel has died in New York, Mini Ab*>
Beuf in San Franeiseo. And Swart/ has paid the penalty
for stabbing a little girl.
-These things .show that this great people are amenable
to the same laws as you and I: and the same laws as an
rieaii.
"This defendant has not a good eharaeter, I submit, lie
has a good reputation among the people who do not know his
real eharaeter.
,4 Nul suppose he had a good ehnraeter. That amounts to
hilig, David of old wan a great eharaeter until he put <dd
Uriah into the forefront of a great battle, so he would be
killed and David could take his wile. Benedict Arnold was
brave. He enjoyed the confidence of all the people and those
in charge of the Revolutionary war, until he betrayed his
country, Oscar Wilde, an Irish knight, a literary man, bril-
liant, the author of works lhal will go down through the ages,
a man who had the effrontery when the Marquis of Qu<
bury thought there was something wrong between Wilde and
the son of the marquis, to withstand one of the greatest ei
examinations on record — Oscar Wilde Jhal man, bore a good
reputation until he was proven guilty.
11 Wherever the English language is read, the eoo'ness of that
man who underwent the cross-examination of those able law-
's will remain forever a study for lawyers. Not even Oa
ear Wildes wile nor his ehildveu knew of his perversion
And it never would have been discovered had not one man
boldness to star! an investigation thai eventually
him to prison He was a literary man, whose eross -exnmina*
tion is a thing to be rearl with admiration. Rut he was con-
noted, and in his tottering old age he eonfessed, He is the
man who raised the sunflower from the rank of weed to
that of flower. Hut he was a pervert — a man of previous
good ^linro-
M Abe Brief, of San Frfcneisco, a man of his religion," point*
ing to Frank, "was of previous good eharaeter, but lie eor-
;th and everything that he came in touch with,
Bttef'jB career terminated in the penitentiary eventually.
»d eharaeter isn't worth a eent, gentlemen, if you've
L r oi a <*ase proved !
1SS
Visit: www.LeoFrank.org
And crime doesn't go only with the poor, The ignorant,
like Jim Cbrtfey, commit small crimes. Hut a man of high in-
telleet sometimes commits a InV one — an intellect which, if
I in the right tine* would bring honor and glory, but
which if not so directed drags a man down to the depths
in the ease of this defendant before yon.
"hotik at MeOunc. the mayor of Charlottesville, Va. Not-
withstanding his pood reputation, lie did not have a rock-
hed of character. Tiring of his wife, he shot her in the
back as she was in the bathtub, and a jury of brave Virgin
ians sent him to a felon's grave, lie had tin* reaped
the people.
"Rieheson. of Boston, was a preacher and enjoyed the con-
fidence of his flock. He was engaged to marry a fascinating
young woman of Boston. But he was entangled with an-
other young woman of whom he wanted to rid himself. And
he forgot himself so far as to murder,
"All these eases were decided on circumstantial evidence.
Uter RHieson had fought through the courts, he hoped that
overnor would saw his life. But a Massachusetts jury
and a Massachusetts governor were brave enough to make
him pay the lawful penalty for his crime. That's an exam-
ple to encourage every rjgrht-thinking man.
"Henry C 1 lay Beattie, a man of spVndid family, a man
of wealthy family, proved his character — although he didn't
possess it. He took his wife .the mother of a twelve-months-
old baby, out for an automobile ride and shot her in cold
blood. Vet that man, looking at the blood in the automobile,
joked, He was cool and calm, but he joked too miieh. The
detectives in ihat case, as in this esse, were maligned and
abused. There was a slush fund to save him from the gal-
lows Rut a jury of Virginia farmers scut him to his doom,
atld put the citizenry of that great eommonwea'th on a higher
plane. Beattie never confessed, but left a note to be read
after he wae dead, in which he admitted the crime charged
n gainst him.
Then there was Oippcn. of England. lie was a doctor,
a man of hiph standing, a man of unblemished reputation.
II*' killed his wife because of an infatuation for another
woman. He hid her body away where he thought, as this
man thought/' pointing to Frank, "that it would never be
covered. But murder will oat. The body was discovered
And Trippcn was executed, to the glory of old England.
Visit: www.LeoFrank.org
th -ui»rn. you have an opportunity that comes to
■n. Measure up to it 1
''You say that Conley has beeu impeached 1 I Kay that
he has not been Impeached except by those with their hands
in the till of the National Pencil factory. His general charae*
is un impeached, except by die words of the hirelings
of the National Pencil factory. Yet you would say that he
committed this crime, when all you have boon able to bring
up against him— drspite the fact thai they have interviewed
all of his former employer*— is that he has been locked
up in police station on the charge of disorderly conduct [a
Cbnley sustained? Yes. abundantly.
''Our proof of the general bad character of Frank sustains
Jim Your failure to examine these hair-hraiued fa
ties, as Mr. Arnold eolls theru without rhyme or resaon,
sustains Jim Conley. His relations with Miss Rebecca Car-
son, who is shown to have gone to the dressing room with him.
sustain Jim f'onh
•'Your own witness. Miss Jackson, says that this libertine
and rukj- went into the dressing room and stood with a sar-
donic grin — she sustains Jim Conley, Miss Kitchens, who
worked on th$ fourth flour, and whom you did not pro*!
by her statement of how he weal into the dressing room, sus-
tains Jim Conlejr, Darley and Miss Mattie Smith, as to
what they did ApWI 26. sustain Jim Conley. Truman lie
Crary, the negro whom yon prais» Mid who gets his living
from the pencil factory, SH -Mm Conley as to «
pnt those gffekft
"Mm: : in jurt at the miqufe that
Frank was hack in the metal room with the poor, unfortu-
nate girt, sustains Jim Conley by the statement of the kind
■ wore, Monteeu Stover, when she says that no-
body was in the office, sustains Jim Conley as to his si
ment that he heard the foo of two people going hack.
"Lemmie Quinn. your own deAr Lenmiio, when his state-
ment is taken with the evidence of Miss Hall and Mrs Free
ma- dey. Dal ton. whose character for the
past ton years we hav stain* Jim Gonley about
previous Saturdays.
. i*y Hopkins, hy her awful reputation, sustains Jim
The blood on the seennd floor sustains Jim Conley
timony of HolWay. as given in the affidavit to me.
140
Visit: www.LeoFrank.org
ami Boots Rogers' statement that the elevator box was un-
locked, both sustain Jim Gonley. Ivy Jones, whom he met
Qfiftr the factory, sustains Jim Oonlcy. Albert MeKnight, who
testified as to the time Prank reached home and the time
he left, sustains Jim Coiiley.
{ The repudiated affidavit of Minohi McKnighl. whose at
torney let her sign it when he knew he eould pet her out on
n habeas corpus, sustains Jim Coriley, The noose in that
cord sustains Jim Conley. The existence of the notes, alone,
sustains Jim Coilley because no negro in the history of the
race ever wrote a note tn eover a erime. The character of
words used in the ttdteS; sustains Jim Ccntey."
"Take up the context The note said she was assaulted
wlun she went hack for a natural purpose. Awl the on'y
toilet Mary knew was in the metal room on the see on d floor
Tin* fact that the note said the negro did this by bin
showed ;i eonseious effort to limit the erime.
"Frank by his own statement sustains Jim Ooaley as to
the time of his arrival at the office* the time of his visit
to the Montajjs. nnd as to the faet that he earned a folder
in his hand,
<l Arthur White, according to his statement, borrowed $2 in
the afternoon. WTlPre \< the entrv to show that Frank put
down that loan" The fact that there is no entrv sustains
Jim Poulev m his description that Frank's mind was bur
dened with the problem of disposing: of the body.
"Frank said. f We found it better to <*et A voueher hook
and let every bod v siirn for what monev thev <70t. Notwith
standing that .thev failed or refused to produce a reeord
showing 1 that White ever [rot that monev. Til tell von the
reason whv he didn't outer it, Tt was because his mind and
conscience were on the erime he had ins! committed, Y<m
teV me that this expert bookkeeper this Pornell gradv?
WOtlTd have overlooked that. There U only one reason whv
he did Cnnlev is sustained bv Frank when Conley savs he
remarked that he h*d relatives in Brooklyn. When old Jim
wan on the stand Mr Kosser asked him about Mincer. Ts
Mineev a myth, or ir he siieh a diabolienl perjurer that it
would nauseate the stomach of you gentlemen to produce
him before you!*'
Taming to Mr. Vmrtd and Mr, Rnsser: "Tf yon weren't
^oinsr to nrodue*. Mineev, why did yon parade him before
the jnryf"
141
Visit: www.LeoFrank.org
"Gentleman, the absence of Muicey corroborates Jim Gbu-
ley.
"Gentlemen, every act ol" that defendant proclaims him
jpii'.tr.
Il\:\ word proclaims bk knowledge ol the death of
little Mary Phag&n.
■-->• circumstance proves him responsible for the mur-
der of that little girl,
"Remarkable? Yes, but Eraei She died a noble death with
out a stain on her name. She wouldn't yield her virtu-
her sup ? • And he strangled her and killed her.
"In the language of Daniel Wehster, 'when a jury, through
whimsical and unfounded serupjes Fails to do its full duty,
it violates its oath/ f1
'•"What happened fco her mesh bag! t wouldn't he sur
prised if it disappeared in th» way that the stick on
the first floor and the bloody shirt at Newt Dee's bouse,
made their ap] The first thing that, he did. when
he had gagged the little girl with her own underskirt, whet!
he bad gagged this little gM who went to her death for her
honor-
A terrific, piercing scream from Mrs, Coleman interrupt
..I The mother of the dead irirl cried v*-rv audibly, and
was not quieted Tal minutes. Mrs, Lurih- Frank, wife
of the accused, ami Mrs. fiae Frank, his mother, both em
3 their eyes with their hands and appeared to he af-
>*d.
CHAPTER XXII
Pear Lynching Precedes Verdict.
Displaying visible evidence of physical exhaustion, Sa'ict
tor Dorses eon eluded his speech exactly at 12 o'clock Kon-
day. His aging through the crowded room which
i held speechless) he turned to Judge Roan and said:
Your honor. 1 no apolog}
tn make. So far as the state is concerned, you now can eha
this jury— this jury sworn to be without prejudice OX bias
142
Visit: www.LeoFrank.org
this jury sworu to try well and truly Leo M. Frank. 1 1
that under tbe law you give them your opinion of the e
•an be hut one verdict — 'We, the jury, find
this defendant guilty ' Gruilty! Guilty!"
• the iimil worda sounded through the room the gong •
Oatholie church a blo&k away from tiu* court house
sounded. With each intonation of M GuJity !< luiltv t Guilty I''
tin- hell clanged This phenomena hud a visible effect upon
the audience, jury, and
Jn 1 lately began reading his charge
eluded at 12:47 o'clock,
The long trial wt t1 remained only
for the jury to render diet. Would they send Prank
would they lih- and place him
Ltnong his fellow-men, on equal?
The v, [uestion. Peeling was
iute >>lieiior Rorsey bad heeu applauded every time
the crowd caught a glimpse of him. Boidh demonstrations
,.-r had been made over n prosecutor in Atlanta b
Two thousand people remained in the vicinity of the court-
house all of Sal unlay. It was with difficulty that the police
handled the muss. An outbrea
were freely di- s talk of violence in the
quittal and the officers of the Fifth Regiment
were iuatrttcted by the adjutant general of the state to re-
main within reach in ease it became necessary to call out
the militia to attempt at violence " should sued)
M.
At 12:47 .fudge ttonn finished his charge. In it he told
the talesmen tlia t they were the sole judges of the evidence
and of the 'Tedif the witnesses, 11*- defined and
d the i; s points of law that arouse in the e
e them specific instructions qm to the consideration
rial evident
The jury w D from the court room shortly before
1 o'clock and conducted arr«>ss the street tti cafe for dinner.
Ten minutes later when Solicitor Do ft tile building
to g his office, he was picked up and
the shoulders of I lie crowd.
llurrnh! for Doi 'Oil the universal cry.
An hour later the jury wn< returned
pin its deliberation. The twelve men were assigned !
room on the fourth floor. Down
Visit: www.LeoFrank.org
k in each diree
were eovared with a mass of humanity kept in motion by
the poll
in Winhuru. of the jw
Nipped on the door* and told Deputy Sheriff Pleanie Miner
that a verdiet had (ached. Ii w;rs later disclosed that
the talesmen had reached a unanimous opinion on the second
hallot.
Koan was summoned from hU home ami 8)
Dursrv was called. Alturiit*ys BoSSer and Arnold eouhi
be located, and the verdict was received by the court without
fore the verdict was received Judge Roan ordered the
courtroom clear hen the twelve s *good men and true"
marched down ad entered the eouri room, there ■,
only a tew lOUTt attaches, aJ »r more
uewap&p sent The defendant had waived his ] i
ence and remau the town* Th-ii
fco prevent q : outbreak. Neither hi* w
mot] •■ in attendance. Friends of the defendant, too.
and the met 4 his religion were absent. Tl the
I crowd in the vicinity court m Dm violet
•>y had been ints
A stillness fell "vt-r the eourtroom when the jurymen took
their *t*at s in the box. Eaeh man wore Hie
sion which, interpreted, cou d mean bu1 one th
•.'••ntlemen, have yon arrived at a verdiet?" asked Judpe
IWn formally,
* l \W have," replied Foreman Winbun
ad it/' commanded the court,
The foreman in his scat and. holding the verdi
his hand, read :
th-* jury, Jim!
THE END
Visit: www.LeoFrank.org
Visit: www.LeoFrai
Visit: www.LeoFrank.org
d
Live Music
Archive
Librivox
Free Audio
Metropolitan Museum
Cleveland
Museum of Art
Internet
Arcade
Console Living Room
Open Library
American
Libraries
TV News
Understanding
9/11